KONE Elevators Pty Ltd Summary

[2022] FWCA 2509

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

KONE Elevators Pty Ltd

(AG2022/2300)

KONE Service Employees Western Region Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 26 JULY 2022

Application for approval of the KONE Service Employees Western Region Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the KONE Service Employees Western Region Enterprise Agreement 2022 (Agreement). The application was made by KONE Elevators Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

KONE Elevators Pty Ltd has applied for the approval of the KONE Service Employees Western Region Enterprise Agreement 2022. The applicant submitted the application to the Fair Work Commission in accordance with the Fair Work Act 2009. The proposed agreement is a single enterprise agreement which aims to set out the terms and conditions of employment for KONE Service Employees in the Western Region. The Fair Work Commission was required to consider whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 for approval and registration as an enterprise agreement. The Commission also needed to consider whether the proposed agreement would cause financial detriment to any employee covered by the agreement or result in substantial changes to the agreement.

The Commission found that the proposed agreement met the statutory requirements for approval and registration as an enterprise agreement. The applicant had provided written undertakings that it would not cause financial detriment to any employee covered by the agreement or result in substantial changes to the agreement. The views of the bargaining representatives for the agreement were sought and no objections were raised to the undertakings. The Commission was satisfied that the effect of accepting the undertakings was not likely to cause financial detriment to any employee or result in substantial changes to the agreement. The proposed agreement also met the other statutory requirements for approval under the Fair Work Act 2009.

The Fair Work Commission approved the KONE Service Employees Western Region Enterprise Agreement 2022, subject to the written undertakings provided by the applicant. The agreement will operate from 2 August 2022 and will expire on 31 December 2025. The agreement will cover the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which had given notice that it wanted the agreement to cover it.

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