KONE Elevators Pty Ltd Summary

[2014] FWCA 6501

FAIR WORK COMMISSION

DECISION

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

KONE Elevators Pty Ltd
(AG2014/8875)

KONE INSTALLATION EMPLOYEES ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 16 SEPTEMBER 2014

AGREEMENT APPROVED Application for approval of the KONE Installation Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the KONE Installation Employees Enterprise Agreement 2014 (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 Agreement is a single-enterprise 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, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2014. The nominal expiry date of the Agreement is 30 April 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, KONE Elevators Pty Ltd applied for approval of the KONE Installation Employees Enterprise Agreement 2014. The application was made by the employer, KONE Elevators, which sought to have the agreement certified as a single-employer, single-enterprise agreement applicable to its installation employees. The dispute centred around whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved determining if the agreement was genuinely a single-employer agreement, if it met the requirements of procedural fairness, and if it complied with the provisions of the Fair Work Act regarding minimum entitlements and terms. The Commission had to assess if the agreement provided for fair and reasonable terms and conditions, and if it allowed for appropriate employee representation. Additionally, the Commission examined if the agreement was negotiated in good faith and if the process followed adhered to the relevant legal standards.

In its reasoning, the Commission found that the application for approval was valid and that the agreement met the necessary criteria. The Commission confirmed that the agreement was genuinely a single-employer agreement, as it was negotiated between KONE Elevators and its employees, and it covered employees in a single enterprise. The Commission also concluded that the agreement provided for fair and reasonable terms and conditions and complied with the minimum entitlements under the Fair Work Act. The process of negotiation was found to be conducted in good faith and in accordance with the procedural fairness requirements. As a result, the Commission approved the agreement as a single-employer, single-enterprise agreement.

The final orders of the Commission included the approval of the KONE Installation Employees Enterprise Agreement 2014, which was to apply to the installation employees of KONE Elevators Pty Ltd. The approved agreement was to be registered and enforceable under the Fair Work Act.

KONE Elevators Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established