DECISION

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

Kone Elevators Pty Ltd
(AG2015/2041)

KONE BUILDING DOORS - VICTORIA ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 25 MARCH 2015

Application for approval of the KONE Building Doors - Victoria Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known asthe KONE Building Doors - Victoria Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KONE Elevators Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Australian Manufacturing Workers Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Kone Elevators Pty Ltd, the Fair Work Commission was asked to approve the KONE Building Doors - Victoria Enterprise Agreement 2015. The applicant, Kone Elevators Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The nature of the dispute centred around the terms of the enterprise agreement, specifically regarding the conditions of employment for the employees covered by the agreement. The legal issues that the Fair Work Commission was required to decide included whether the agreement met the requirements of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the provisions of the Act regarding the negotiation and registration of enterprise agreements.

The Fair Work Commission considered the evidence and submissions presented by both parties. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the provisions of the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith and that it provided for a fair and reasonable balance of outcomes for both the employer and the employees. The Commission also found that the agreement met the requirements of the Act regarding the negotiation and registration of enterprise agreements, and that it provided for appropriate mechanisms for the resolution of disputes between the parties.

In light of the above, the Fair Work Commission approved the KONE Building Doors - Victoria Enterprise Agreement 2015. The Commission considered that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the provisions of the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith, and that it provided for a fair and reasonable balance of outcomes for both the employer and the employees. The Commission also found that the agreement met the requirements of the Act regarding the negotiation and registration of enterprise agreements, and that it provided for appropriate mechanisms for the resolution of disputes between the parties. The final orders of the Commission were that the KONE Building Doors - Victoria Enterprise Agreement 2015 be approved and registered under the Fair Work Act.

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