DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KONE Elevators Pty Ltd T/A KONE Elevators
(AG2018/7259)

KONE SERVICE EMPLOYEES NORTHERN REGION ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 MARCH 2019

Application for approval of the KONE Service Employees Northern Region Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the KONE Service Employees Northern Region Enterprise Agreement 2018 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 1 March 2019 and, in accordance with s.54, will operate from 8 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

KONE Elevators Pty Ltd, trading as KONE Elevators, applied to the Fair Work Commission for approval of the KONE Service Employees Northern Region Enterprise Agreement 2018. The applicants were KONE Elevators Pty Ltd, along with other employers, and the respondents were various unions and employee representatives. The application concerned the proposed enterprise agreement, which sought to establish terms and conditions for service employees within the northern region of Australia. The central dispute revolved around whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The court had to determine if the proposed agreement was a "single, clear, and complete" document as required by the Act. It needed to ascertain whether the agreement appropriately addressed all the necessary matters, and whether it complied with the "better off overall test" (BOOT), ensuring that no employee would be worse off in terms of their overall pay and conditions. Additionally, the court had to evaluate if the agreement included provisions for genuine enterprise bargaining, and if it adhered to other legislative requirements such as the "good faith" obligations of the parties involved.

The Fair Work Commission examined the agreement in detail, assessing its comprehensiveness and clarity. It confirmed that the agreement was a single, clear, and complete document that addressed all necessary matters, including pay, classification, and other employment conditions. The Commission found that the agreement passed the BOOT, as no employee would be disadvantaged under the proposed terms. The Commission also concluded that the agreement demonstrated genuine enterprise bargaining and met all other legal requirements. Therefore, the Commission approved the application for the enterprise agreement's registration.

As a result of the decision, the KONE Service Employees Northern Region Enterprise Agreement 2018 was approved and registered with the Fair Work Commission. This registration made the agreement legally binding between the employers and 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