DECISION

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

Kone Elevators Pty Ltd
(AG2014/10696)

KONE SERVICE EMPLOYEES NORTHERN REGION & GOLD COAST REGION ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 DECEMBER 2014

Application for approval of the KONE Service Employees Northern Region & Gold Coast Region Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 8 December 2014 by Kone Elevators Pty Ltd for the approval of a single-enterprise agreement known as the KONE Service Employees Northern Region & Gold Coast Region Enterprise Agreement 2014(“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 consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[4] 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 AMWU and the CEPU.

[5] 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 before the Fair Work Commission involved Kone Elevators Pty Ltd, the employer, and the Construction, Forestry, Manufacturing, Mining and Energy Union (CFMEU), representing the employees. The dispute centred on the approval of the KONE Service Employees Northern Region & Gold Coast Region Enterprise Agreement 2014. The Commission was tasked with determining whether the agreement met the criteria for registration under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement provided for the proper classification of employees and whether it contained appropriate provisions for the employees' terms and conditions of employment, including pay rates, hours of work, and leave entitlements. Additionally, the Commission needed to ensure that the agreement complied with the procedural requirements set out in the Fair Work Act and did not unfairly disadvantage any party.

In delivering its decision, the Commission considered the submissions from both parties and the evidence presented. The Commission found that the enterprise agreement was procedurally valid, having been made following the necessary consultation processes. It also determined that the agreement provided for fair and reasonable terms and conditions of employment, ensuring that employees were appropriately classified and compensated. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and did not unfairly disadvantage any party. Consequently, the Commission approved the enterprise agreement, allowing it to be registered and enforced.

The Commission's final order was that the KONE Service Employees Northern Region & Gold Coast Region Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009. This decision ensured that the terms of the agreement would govern the employment relationship between Kone Elevators Pty Ltd and its employees in the specified regions.

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