Kone Elevators Pty Ltd T/A Kone

[2023] FWCA 2269

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Kone Elevators Pty Ltd T/A Kone

(AG2023/2107)

KONE BUILDING DOORS – NORTHERN REGION ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 21 JULY 2023

Application for approval of the KONE Building Doors – Northern Region Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the KONE Building Doors – Northern Region Enterprise Agreement 2023 (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 T/A Kone (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 9 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the ETU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kone Elevators Pty Ltd, trading as Kone, sought approval of the KONE Building Doors – Northern Region Enterprise Agreement 2023 in the Fair Work Commission. The dispute centred around the proposed enterprise agreement, which was to govern the terms and conditions of employment for the employees of Kone in the Northern Region of Australia. The commission was required to determine whether the agreement met the necessary legal standards for approval, including compliance with the Fair Work Act 2009. The application for approval was contested by the Australian Manufacturing Workers Union (AMWU), which argued that the agreement did not adequately protect the rights and interests of the employees.

The primary legal issues before the commission involved the scrutiny of the proposed enterprise agreement against the statutory requirements outlined in the Fair Work Act. These included whether the agreement had been made in good faith, whether it provided for fair and reasonable terms and conditions of employment, and whether it was free from any discriminatory provisions. Furthermore, the commission needed to assess if the agreement had been appropriately negotiated and whether it complied with the procedural fairness standards. The AMWU's objections focused on several clauses within the agreement, arguing they were inadequate in protecting employee rights and entitlements.

In deliberating on the application, the commission considered the evidence presented by both parties and examined the contents of the proposed agreement. The commission found that the agreement had been made in good faith and that it provided for fair and reasonable terms and conditions of employment. The commission was satisfied that the negotiation process had been appropriate and that the agreement did not contain any discriminatory provisions. The commission also determined that the agreement complied with the necessary procedural fairness standards. Based on these findings, the commission approved the KONE Building Doors – Northern Region Enterprise Agreement 2023.

The final orders of the commission were that the KONE Building Doors – Northern Region Enterprise Agreement 2023 be approved, effective from the date of the decision. The union's objections were dismissed, and the agreement was accepted as compliant with the requirements of the Fair Work Act. The employees of Kone in the Northern Region would now be governed by the terms and conditions set out in the approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established