KONE Elevators Pty Ltd T/A KONE Elevators

[2019] FWCA 4161

[2019] FWCA 4161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KONE Elevators Pty Ltd T/A KONE Elevators
(AG2019/1002)

KONE ELEVATORS PTY LTD - VICTORIA CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 JUNE 2019

Application for approval of the KONE Elevators Pty Ltd - Victoria Construction & Service Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the KONE Elevators Pty Ltd - Victoria Construction & Service Employees Enterprise Agreement 2019 (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 Elevators. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained three typographical errors. Firstly, clause 22(b) refers to “s.32” of the NES when it should refer instead to “s.87.” Secondly, clause 22(c) refers to “s.32(1)(b)” of the NES when it should refer instead to “s.87(1)(b).” Finally, clause 6(c) refers to the “Award” when it should refer instead to the “Agreement.” On 17 June 2019, the Applicant filed amended pages of the Agreement correcting these errors.

[3] Section 586 of the Act provides that the Commission may allow a correction or amendment of any application, or other document relating to a matter before the Commission, on any terms that it considers appropriate. The errors referred to above are matters of no real consequence, and have no impact upon those to be covered by the Agreement. I am satisfied, in response, that it is appropriate in the circumstances to exercise the discretion available to the Commission under s.586 in this case, and to make the corrections identified in the previous paragraph.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2019. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

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