KONE Elevators Pty Ltd T/A KONE Elevators

[2019] FWCA 1909

[2019] FWCA 1909

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

KONE Elevators Pty Ltd T/A KONE Elevators
(AG2018/6898)

KONE ELEVATORS SYDNEY REGIONS ENTERPRISE AGREEMNET 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 MARCH 2019

Application for variation of the KONE Elevators Sydney Regions Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the KONE Elevators Sydney Regions Enterprise Agreement 2017 (the Agreement). The application was made by KONE Elevators Pty Ltd T/A KONE Elevators pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 21 December 2017. Those undertakings form part of the Agreement as varied.

[6] A variation was made to the title of the Agreement which replaces the Agreement title KONE Elevators Sydney Regions Enterprise Agreement 2017 (“Agreement”) with the following:

KONE Elevators Sydney Regions Enterprise Agreement 2017 (Variation 2018)

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 22 March 2019.

DEPUTY PRESIDENT

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