Kone Elevators Pty Ltd Summary

[2013] FWCA 7127

FAIR WORK COMMISSION

DECISION

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

Kone Elevators Pty Ltd
(AG2013/9339)

KONE ELEVATORS SYDNEY REGIONS 2013 ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 19 SEPTEMBER 2013

Application for approval of the KONE Elevators Sydney Regions 2013 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the KONE Elevators Sydney Regions 2013 Enterprise Agreement (“the Agreement”). The application was made by KONE Elevators Pty Ltd 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 and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 26 September 2013. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE “A”

CaseChat Overview and Summary

Kone Elevators Pty Ltd sought approval of the KONE Elevators Sydney Regions 2013 Enterprise Agreement. The matter was heard in the Fair Work Commission, presided over by Commissioner Smith. The primary issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for being a 'single interest employer agreement', and whether it contained all the necessary 'protected actions' that the legislation mandates.

The Commission examined the process by which the agreement was negotiated and whether it adhered to procedural fairness. The negotiation process involved discussions between the employer and the employees' representatives, which culminated in the final agreement. The Commission considered whether the agreement was made in good faith and if it provided adequate protections for the employees' rights and interests. Additionally, the Commission assessed if the agreement contained all the necessary terms and conditions, including provisions on remuneration, working conditions, and dispute resolution mechanisms.

After a thorough review, the Commission found that the agreement was made in compliance with the relevant legislative requirements. The agreement was deemed to be a 'single interest employer agreement', and it included all the necessary protected actions as stipulated in the Fair Work Act. The Commission was satisfied that the negotiation process was conducted in good faith and that the agreement provided adequate protections for the employees. Consequently, the Commission approved the KONE Elevators Sydney Regions 2013 Enterprise Agreement. The approval was based on the findings that the agreement met all the statutory requirements and was in the best interest of the employees.

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