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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, KONE Elevators Pty Ltd, trading as KONE Elevators, applied for the approval of the KONE Elevators Pty Ltd - Victoria Construction & Service Employees Enterprise Agreement 2019. The dispute centred around whether the terms of the enterprise agreement were in accordance with the Fair Work Act 2009, and if they were fair and reasonable. The Commission was required to determine whether the agreement complied with the legislative requirements for enterprise agreements and whether it was procedurally valid. This involved examining if the agreement had been genuinely negotiated, and if it contained appropriate provisions for minimum entitlements, as well as if it met the good faith bargaining criteria.

The primary legal issues the Commission had to address were whether the agreement met the procedural and substantive requirements set out in the Fair Work Act. This included ensuring the agreement was negotiated in good faith, that it contained the appropriate minimum terms and conditions, and that it did not adversely affect employees' job security. The Commission also needed to verify if the agreement was consistent with the public policy objectives of the Act, and if it met the standard set for fairness in enterprise agreements. Furthermore, the Commission had to consider if the agreement contained all the necessary provisions for it to be considered a valid and enforceable enterprise agreement.

After reviewing the evidence and submissions, the Fair Work Commission found that the KONE Elevators Pty Ltd - Victoria Construction & Service Employees Enterprise Agreement 2019 was procedurally valid and met the requirements of the Fair Work Act. The Commission determined that the agreement had been genuinely negotiated in good faith and contained all the necessary minimum terms and conditions. The agreement was also found to be consistent with the public policy objectives of the Act and met the standard for fairness in enterprise agreements. As a result, the Commission approved the enterprise agreement, and it will now be legally binding on the parties. The approval ensures that the agreement will provide a framework for the terms and conditions of employment for the employees covered by the agreement.

KONE Elevators Pty Ltd T/A KONE Elevators

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established