Kone Elevators Pty Ltd T/A Kone

Case

[2023] FWCA 2269

21 JULY 2023


[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.

  1. 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.

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

  1. 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.

  1. 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.

  1. 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

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