KONE Elevators Pty Ltd

[2014] FWCA 3224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KONE Elevators Pty Ltd
(AG2014/5833)

KONE - SERVICE EMPLOYEES WESTERN REGION ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 15 MAY 2014

Application for approval of the Kone - Service Employees Western Region Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kone - Service Employees Western Region Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, KONE Elevators Pty Ltd applied to the Fair Work Commission for approval of the Kone - Service Employees Western Region Enterprise Agreement 2014. The dispute centred on whether the enterprise agreement met the requirements for approval under the Fair Work Act, including its adherence to the Fair Work (Registered Organisations) Act 2009 and the provisions regarding genuine enterprise bargaining. The respondents to the application included several unions and other entities that had interests in the proposed agreement.

The central legal issue the Commission had to resolve was whether the agreement was genuinely negotiated between the parties, met the statutory criteria for approval, and was consistent with the principles of the Fair Work Act. This included ensuring that the agreement was not made under duress or coercion and that it provided for the fair and efficient resolution of workplace issues. The Commission also needed to consider the provisions of the agreement in light of the Fair Work (Registered Organisations) Act and the broader objectives of the Fair Work Act.

After reviewing the evidence and submissions from the parties, the Commission found that the agreement was genuinely negotiated and met all the statutory criteria for approval. The Commission determined that the agreement was fair and balanced, providing appropriate protections and benefits to the employees while also taking into account the needs of the employer. The Commission was satisfied that the agreement provided for the efficient resolution of workplace issues and was consistent with the principles of the Fair Work Act. Accordingly, the Commission approved the Kone - Service Employees Western Region Enterprise Agreement 2014.

The final orders of the Commission included the approval of the agreement, with specific conditions and provisions that addressed the concerns raised during the application process. The Commission's decision provided clarity and certainty for the parties involved, ensuring that the agreement would operate effectively within the framework established by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established