DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

KONE Elevators Pty Ltd
(AG2015/2327)

KONE NEB AND TRB EMPLOYEES NORTHERN & GOLD COAST REGION ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 14 APRIL 2015

Application for approval of the KONE NEB and TRB Employees Northern & Gold Coast Region Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 1 April 2015 by KONE Elevators Pty Ltd for the approval of a single-enterprise agreement known as the KONE NEB and TRB Employees Northern & Gold Coast Region Enterprise Agreement 2015(“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CEPU and AMWU.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved KONE Elevators Pty Ltd and the Fair Work Commission. The issue was the application for approval of the KONE NEB and TRB Employees Northern & Gold Coast Region Enterprise Agreement 2015. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement was made in good faith and whether it met the requirements set forth in the Fair Work Act. The Commission needed to consider whether the agreement covered all necessary aspects, including pay rates, working conditions, and dispute resolution processes. Additionally, the Commission had to assess if the agreement adhered to the 'better off overall test', ensuring that employees were not disadvantaged by the terms of the agreement.

The Fair Work Commission concluded that the enterprise agreement was made in good faith and satisfied all legal requirements. The agreement was comprehensive, covering all necessary terms and conditions of employment. Furthermore, it passed the 'better off overall test', demonstrating that employees would not be worse off under the new agreement. The Commission found that the agreement provided for fair and reasonable terms for both employees and employers.

The Fair Work Commission approved the KONE NEB and TRB Employees Northern & Gold Coast Region Enterprise Agreement 2015, confirming its compliance with the Fair Work Act. The decision was based on the comprehensive nature of the agreement and its adherence to the statutory requirements, including the 'better off overall test'. The approval ensures that the agreement will govern the employment terms for the specified region effectively.

KONE Elevators Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established