DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KONE Elevators Pty Ltd T/A KONE Elevators
(AG2018/5537)

KONE NEB AND TRB EMPLOYEES WESTERN REGION ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the KONE NEB and TRB Employees Western Region Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the KONE NEB and TRB Employees Western 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of KONE Elevators Pty Ltd trading as KONE Elevators, the applicant sought approval of the KONE NEB and TRB Employees Western Region Enterprise Agreement 2018. The application was before the Fair Work Commission, which is tasked with the approval of enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed enterprise agreement met the necessary requirements under the Act, including whether it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The legal issues before the Commission included whether the agreement contained terms that were contrary to public policy or were otherwise invalid, and whether it had been fairly negotiated and was likely to result in improved productivity and efficiency. The applicant argued that the agreement was fair and reasonable, and had been negotiated in good faith. The Commission considered submissions from both parties and relevant legislative provisions, including the requirements for the approval of enterprise agreements under the Fair Work Act.

The Fair Work Commission found that the proposed enterprise agreement met the necessary requirements under the Act. The Commission was satisfied that the agreement had been fairly negotiated and provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement was likely to result in improved productivity and efficiency, and did not contain any terms that were contrary to public policy or otherwise invalid. The application for approval of the KONE NEB and TRB Employees Western Region Enterprise Agreement 2018 was therefore granted.

The Fair Work Commission approved the KONE NEB and TRB Employees Western Region Enterprise Agreement 2018, subject to certain conditions. The applicant was required to provide written confirmation that it had taken all reasonable steps to ensure that the employees covered by the agreement were aware of its terms and conditions, and that they had been given an opportunity to seek advice about the agreement. The applicant was also required to provide a copy of the approved agreement to the Commission within 28 days of the decision. These conditions were intended to ensure that the agreement was properly implemented and that the employees covered by it were aware of their rights and obligations under 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