KONE Elevators Pty Ltd
[2022] FWCA 3900
•7 NOVEMBER 2022
| [2022] FWCA 3900 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
KONE Elevators Pty Ltd
(AG2022/4509)
KONE Building Doors - Victoria Enterprise Agreement 2022
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 7 NOVEMBER 2022 |
Application for approval of the KONE Building Doors - Victoria Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the KONE Building Doors - Victoria Enterprise Agreement 2022 (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 (Employer). The Agreement is a single enterprise agreement.
The Employer’s statutory declaration in support of the application for approval of an enterprise agreement indicates that the requirement of s.180(3) of the Act was not met as there were not at least seven clear days between the giving of the notice and the vote to approve the Agreement. Nevertheless, having considered the submissions of the Employer, I am satisfied that these matters constitute minor procedural or technical errors for the purposes of s.188(2)(a). I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors and that the Agreement has been genuinely agreed within the meaning of s.188(2).
I am further satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The flexibility and consultation terms in the Agreement do not meet the requirements of s.203 and s.205(1A) of the Act. Pursuant to s.202(4) and s.205(2) of the Act, the model flexibility and consultation terms prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2022. The nominal expiry date of the Agreement is 14 November 2024.
DEPUTY PRESIDENT
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