KONE Elevators Pty Ltd T/A KONE

[2014] FWCA 8323

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KONE Elevators Pty Ltd T/A KONE
(AG2014/9314)

KONE ELEVATORS CANBERRA & SOUTH WEST REGION ENTERPRISE AGREEMENT 2014

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	SYDNEY, 21 NOVEMBER 2014

Application for approval of the KONE Elevators Canberra & South West Region Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the KONE Elevators Canberra & South West Region Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by KONE Elevators Pty Ltd T/A KONE. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from KONE Elevators Pty Ltd T/A KONE. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2014. The nominal expiry date of the Agreement is 30 June 2018.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

KONE Elevators Pty Ltd, trading as KONE, applied to the Fair Work Commission for approval of the KONE Elevators Canberra & South West Region Enterprise Agreement 2014. The application involved determining whether the agreement met the requirements for registration under the Fair Work Act 2009. The dispute centred on the fairness and compliance of the agreement with statutory provisions and the procedural fairness in its formation.

The legal issues before the court were primarily whether the enterprise agreement was made in accordance with the statutory requirements and whether it contained terms that were fair and reasonable. The court needed to examine if the agreement was genuinely negotiated and if the process followed was fair. It also needed to ensure that the agreement did not discriminate against any individual or group of employees.

In deciding the matter, the court evaluated the negotiation process and the contents of the agreement. It found that the agreement was the result of genuine negotiation and that the process was fair. The court also determined that the terms of the agreement were fair and reasonable, and did not discriminate against any employee. The court considered the evidence provided and found that the agreement met the statutory requirements for approval.

The Fair Work Commission approved the KONE Elevators Canberra & South West Region Enterprise Agreement 2014, confirming its compliance with the statutory requirements and its fairness in terms and process. This decision allows the agreement to be registered and enforced under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established