KONE Elevators Pty Ltd

[2022] FWCA 3905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

KONE Elevators Pty Ltd

(AG2022/4522)

KONE Service Employees South Australia Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 7 NOVEMBER 2022

Application for approval of the KONE Service Employees South Australia Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the KONE Service Employees South Australia 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 has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking referred to above, I am 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 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) I note that the Agreement covers the organisation.

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 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by KONE Elevators Pty Ltd for the approval of the KONE Service Employees South Australia Enterprise Agreement 2022. The application was contested by the Australian Council of Trade Unions, who raised concerns regarding the agreement's provisions on pay rates, redundancy entitlements, and working conditions. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues central to the case were whether the enterprise agreement complied with the mandatory provisions set out in the Fair Work Act, including the requirements for fair and accurate representation of employees' interests, and whether it provided for proper processes for the resolution of workplace disputes. Additionally, the court needed to assess if the agreement provided for a fair and reasonable balance of rights and obligations between the employer and the employees, and whether it adhered to the provisions concerning minimum standards of pay and conditions.

In its decision, the Fair Work Commission found that the enterprise agreement substantially complied with the statutory requirements. The Commission noted that the agreement provided for fair and accurate representation of employees' interests and contained processes for the resolution of workplace disputes. It was determined that the agreement provided for a fair and reasonable balance of rights and obligations between the employer and employees, and that it met the minimum standards required by the Act. The Commission made minor amendments to certain provisions to ensure full compliance, but overall, approved the agreement.

The Fair Work Commission ordered the approval of the KONE Service Employees South Australia Enterprise Agreement 2022, subject to the minor amendments made by the Commission. The agreement was to be registered in accordance with the Fair Work Act, effective from the date of the Commission's decision. This decision ensures that the terms and conditions of employment for the relevant employees are governed by the approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established