KONE Elevators Pty Ltd

[2022] FWCA 100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

KONE Elevators Pty Ltd

(AG2021/9070)

KONE Elevators Newcastle North Coast RegionEnterprise Agreement 2021

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 13 JANUARY 2022

Application for approval of the KONE Elevators Newcastle North Coast Region Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the KONE Elevators Newcastle North Coast Region Enterprise Agreement 2021 (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. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 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 and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being bargaining representatives for the Agreement, have each 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 20 January 2022. The nominal expiry date of the Agreement is 30 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by KONE Elevators Pty Ltd for the approval of the KONE Elevators Newcastle North Coast Region Enterprise Agreement 2021. The application was brought by the employer and the union representing the employees, the Electrical Trades Union of Australia. The dispute centred on the terms of the proposed enterprise agreement, which was to govern the employment conditions of employees within the Newcastle North Coast region.

The legal issues that the Commission needed to determine were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it met the "better off overall test". This test requires that the proposed agreement must not disadvantage employees overall, and that they must be at least as well off under the agreement as they would be under the applicable award or registered agreement. The Commission also had to consider whether the agreement was made in good faith and if it contained the necessary procedural fairness provisions.

The Commission found that the proposed agreement did meet the better off overall test and contained appropriate procedural fairness provisions. The Commission noted that the agreement provided for a range of benefits for employees, including wage increases, improved leave provisions, and additional entitlements. The Commission was satisfied that the agreement was made in good faith and that the parties had engaged in genuine bargaining. The Commission approved the agreement, noting that it would provide improved conditions for employees and assist in promoting harmonious workplace relations.

The Fair Work Commission approved the KONE Elevators Newcastle North Coast Region Enterprise Agreement 2021, finding that it met the necessary legal requirements and provided improved conditions for employees. The agreement now serves as the governing document for the employment conditions of employees within the Newcastle North Coast region, providing a framework for fair and harmonious workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established