Kone Elevators Pty Ltd T/A KONE Elevators

[2019] FWCA 7973

[2019] FWCA 7973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kone Elevators Pty Ltd T/A KONE Elevators
(AG2019/4251)

KONE ELEVATORS PTY LTD QUEEN'S WHARF PROJECT AGREEMENT

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 NOVEMBER 2019

Application for approval of the KONE ELEVATORS PTY LTD Queen's Wharf Project Agreement.

[1] An application has been made for approval of a greenfields agreement known as the KONE ELEVATORS PTY LTD Queen’s Wharf Project Agreement (the Agreement). The application was made by Kone Elevators Pty Ltd T/A KONE Elevators pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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<AE506195  PR714524>