Kone Elevators Pty Ltd T/A Kone
[2024] FWCA 3028
•21 AUGUST 2024
| [2024] FWCA 3028 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Kone Elevators Pty Ltd T/A Kone
(AG2024/2998)
KONE BUILDING DOORS - WESTERN AUSTRALIA REGION ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 21 AUGUST 2024 |
Application for approval of the KONE Building Doors - Western Australia Region Enterprise Agreement 2024
Kone Elevators Pty Ltd T/A Kone (the Applicant) has made an application for the approval of an enterprise agreement known as the KONE Building Doors - Western Australia Region Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (the Amending Act) made several changes to enterprise agreement approval processes in Part 2-4 of the Act, which commenced operation on 6 June 2023.
Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The notification time for the Agreement under s.173(2) was 7 February 2024 and the Agreement was made on 6 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 21 August 2024 and, in accordance with s 54, will operate from 28 August 2024. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
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