DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KONE Elevators Pty Ltd
(AG2021/6878)

KONE NEB AND TRB EMPLOYEES NORTHERN REGION ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 8 SEPTEMBER 2021

Application for approval of the KONE NEB and TRB Employees Northern Region Enterprise Agreement 2021.

[1] KONE Elevators Pty Ltd applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Kone NEB and TRB Employees Northern Region Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Employer in response to concerns the Commission held in relation to the operation of certain clauses. A copy of the Undertakings is attached as Annexure A to this decision. 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.

[3] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[4] I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[5] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union 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 s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act, and based on the declarations provided by these organisations, I note that the Agreement covers these organisations.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 15 September 2021. The nominal expiry date of the Agreement is 28 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The case involved KONE Elevators Pty Ltd, a company operating in the elevator manufacturing and maintenance sector, and a group of its employees represented by the Electrical Trades Union of Australia. The matter was heard in the Fair Work Commission, where the primary dispute was the approval of the KONE NEB and TRB Employees Northern Region Enterprise Agreement 2021. The agreement outlined terms and conditions of employment for the employees, including wages, working hours, and other employment-related matters.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the protection of employees' rights and interests. The Commission had to consider if the agreement provided fair and reasonable terms and conditions for the employees, and if it complied with the relevant legislative provisions. The application for approval hinged on whether the agreement was made in good faith and if it adhered to the statutory standards.

The Commission examined the negotiation process and the contents of the agreement, noting the parties' representations and submissions. The Commission found that the agreement was negotiated in good faith and contained provisions that were fair and reasonable. It concluded that the agreement met the statutory requirements and provided adequate protections for the employees. The Commission approved the agreement, highlighting its compliance with the relevant legislative framework.

The final orders of the Commission included the approval of the KONE NEB and TRB Employees Northern Region Enterprise Agreement 2021, effective from the date of the decision. The agreement was deemed to have met all the statutory requirements, and the Commission expressed its satisfaction with the outcome, considering it to be in the best interests of the employees and the company.

KONE Elevators Pty Ltd

DECISION

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Legal Principle Established