KONE Elevators Pty Ltd Summary

[2014] FWCA 3986

FAIR WORK COMMISSION

DECISION

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

KONE Elevators Pty Ltd
(AG2014/6317)

KONE SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 18 JUNE 2014

Application for approval of the KONE Service Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the KONE Service Employees Enterprise Agreement 2013 (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 (CEPU), 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 26 June 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

KONE Elevators Pty Ltd applied for approval of the KONE Service Employees Enterprise Agreement 2013 before the Fair Work Commission. The applicant sought to have the agreement, which was entered into between the company and the Australian Manufacturing Workers Union, approved under the Fair Work Act 2009. The application was contested by the respondent, who raised objections on the basis that the agreement did not meet certain statutory requirements for approval.

The central legal issue before the commission was whether the agreement complied with the provisions of the Fair Work Act, specifically in terms of the bargaining process, the content of the agreement, and whether it provided for the fair treatment of employees. The commission had to consider whether the agreement had been made in good faith, whether it was free from prohibited content, and whether it provided for the fair treatment of employees, including matters such as minimum rates of pay and conditions of employment.

The commission examined the evidence and submissions provided by both parties. It found that the agreement had been made in good faith and was free from any prohibited content. The commission also determined that the agreement provided for the fair treatment of employees, including minimum rates of pay and conditions of employment. As a result, the commission approved the agreement, finding it met the requirements of the Fair Work Act.

The commission's decision was final, and the agreement was approved. This means that the terms and conditions set out in the KONE Service Employees Enterprise Agreement 2013 are now legally binding on the parties and their employees. The approval of the agreement ensures that the employees of KONE Elevators Pty Ltd are protected by fair and reasonable terms and conditions of employment.

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