DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KONE Elevators Pty Ltd t/a KONE
(AG2016/2886)

KONE ELEVATORS PTY LTD (TASMANIA) CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 3 JUNE 2016

Application for approval of the KONE Elevators Pty Ltd (Tasmania) Construction and Service Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the KONE Elevators Pty Ltd (Tasmania) Construction & Service Employees Enterprise Agreement 2015 (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 Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] 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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2016. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, KONE Elevators Pty Ltd trading as KONE, applied to the Fair Work Commission for approval of the KONE Elevators Pty Ltd (Tasmania) Construction and Service Employees Enterprise Agreement 2015. The application was opposed by the respondents, which included several unions and their members. The nature of the dispute centred around the provisions of the proposed enterprise agreement and whether they complied with the relevant industrial laws.

The legal issues before the court required examination of the proposed agreement's provisions in light of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court had to determine if the agreement met the statutory requirements, including whether it provided for a safety net of minimum entitlements, whether it provided for the proper operation of the enterprise, and whether it was free from prohibited content. Additionally, the court had to consider the fairness of the agreement and whether it was made in good faith and without coercion.

The court found that the proposed enterprise agreement was compliant with the statutory requirements and was fair and reasonable. The agreement provided for a safety net of minimum entitlements and allowed for the proper operation of the enterprise. The court was satisfied that the agreement was made in good faith and without coercion. Consequently, the application for approval of the proposed enterprise agreement was successful.

The Fair Work Commission approved the KONE Elevators Pty Ltd (Tasmania) Construction and Service Employees Enterprise Agreement 2015. The approval was subject to certain conditions, including the requirement that the applicant provide a copy of the approved agreement to the Fair Work Ombudsman and to display the approved agreement in a prominent place in the workplace.

KONE Elevators Pty Ltd t/a KONE

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established