KONE Elevators Pty Ltd

[2022] FWCA 2506

[2022] FWCA 2506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

KONE Elevators Pty Ltd

(AG2022/2303)

KONE NEB and TRB Employees Western Region Enterprise Agreement 2022

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

Application for approval of the KONE NEB and TRB Employees Western Region Enterprise Agreement 2022.

1. An application has been made for approval of an enterprise agreement known as the KONE NEB and TRB 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.

1. 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.

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

1. 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.

1. 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.

1. 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

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Annexure A