Kone Elevators Pty Ltd T/A Kone Summary

[2023] FWCA 4

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

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

Kone Elevators Pty Ltd T/A Kone

(AG2022/5104)

KONE ELEVATORS SYDNEY REGIONS ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 3 JANUARY 2023

Application for approval of the KONE Elevators Sydney Regions Enterprise Agreement 2022

The decision issued by the Fair Work Commission on 3 January 2023 [[2023] FWCA 4, AE51876] is corrected as follows:

The nominal expiry date identified in paragraph [7] is changed from 10 January 2023 to 31 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Kone Elevators Pty Ltd T/A Kone applied to the Fair Work Commission for approval of the KONE Elevators Sydney Regions Enterprise Agreement 2022. The applicant sought to have the agreement approved as a single enterprise agreement under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment within the building, metal, and civil construction industries. The Commission, led by Commissioner Wilson, was tasked with assessing the agreement's compliance with the Fair Work Act and ensuring it met the necessary standards for approval.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, if it complied with the procedural requirements of the Fair Work Act, and whether it met the criteria for approval as a single enterprise agreement. The Commission also had to consider whether the agreement provided for adequate protections for employees, particularly those in the specified industries, and if the process for reaching the agreement was fair and transparent.

Commissioner Wilson concluded that the KONE Elevators Sydney Regions Enterprise Agreement 2022 was fair and reasonable, met all statutory requirements, and provided adequate protections for employees. The agreement was approved as a single enterprise agreement under the Fair Work Act 2009. The correction to the decision involved an amendment to the nominal expiry date of the agreement, changing it from 10 January 2023 to 31 March 2026.

The final orders included the approval of the KONE Elevators Sydney Regions Enterprise Agreement 2022, with the corrected nominal expiry date of 31 March 2026. The agreement was to apply to the employees of Kone Elevators Pty Ltd T/A Kone within the specified industries, and the Fair Work Commission's approval ensured that the agreement would be legally binding and enforceable.

Kone Elevators Pty Ltd T/A Kone

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established