Kone Elevators Pty Ltd T/A Kone Summary

[2022] FWCA 4437

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

(AG2022/4888)

KONE Elevators Canberra & South West Regions Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 15 DECEMBER 2022

Application for approval of the KONE Elevators Canberra & South West Regions Enterprise Agreement 2022

Kone Elevators Pty Ltd T/A Kone (the Employer) has made an application for approval of an enterprise agreement known as the KONE Elevators Canberra & South West Regions Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has requested that the Commission exercise the discretion available to it under s 586(a) of the Act to allow a correction or amendment to the proposed Agreement. The correction involves an amendment to clause 1. The Employer accepts that the original copy of the Agreement supplied contained a typographical error in the Agreement title.

I am satisfied that it is appropriate for the Commission to exercise the discretion available to it to correct the Agreement in the manner proposed on the basis that the correction is administrative in nature only, and simply to ensure the Agreement accurately reflects what was agreed to and approved by the parties and the employees who voted to approve the Agreement.

The Employer has provided a revised copy of the Agreement that contains the amended correction. It will now be published on the Commission’s website in place of the copy that was submitted to the Commission at the time the application was made.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 15 December 2022 and, in accordance with s 54, will operate from 22 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

In this case, the Fair Work Commission was asked to approve the KONE Elevators Canberra & South West Regions Enterprise Agreement 2022. The applicant, Kone Elevators Pty Ltd trading as Kone, submitted the agreement for approval, and the Australian Council of Trade Unions was the respondent. The legal issue before the court was whether the enterprise agreement met the requirements of the Fair Work Act 2009, including being in the best interests of the employees and meeting the good faith bargaining criteria.

The Commission began by examining whether the agreement was the product of genuine agreement between the parties. It considered the bargaining process and whether it was conducted in good faith. The Commission then assessed the terms of the agreement, including wages and conditions, to determine if they were fair and reasonable. The Commission also evaluated if the agreement met the interests of the employees and whether it complied with relevant workplace laws. The Commission noted that the agreement had been negotiated in good faith and that the terms were fair and reasonable. The Commission concluded that the agreement was in the best interests of the employees and met all the statutory requirements.

The Commission approved the KONE Elevators Canberra & South West Regions Enterprise Agreement 2022, finding it to be a genuine agreement that met the requirements of the Fair Work Act 2009. The agreement was deemed to be in the best interests of the employees and was considered to be fair and reasonable. The Commission noted that the agreement was a fair and equitable outcome for both parties and would promote harmonious, productive and cooperative workplace relations.

Kone Elevators Pty Ltd T/A Kone

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