Kone Elevators Pty Ltd T/A Kone Elevators Summary

[2023] FWCA 43

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kone Elevators Pty Ltd T/A Kone Elevators

(AG2022/5398)

KONE ELEVATORS PTY LTD - VICTORIA CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 6 JANUARY 2023

Application for approval of the KONE Elevators Pty Ltd - Victoria Construction & Service Employees Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the KONE Elevators Pty Ltd - Victoria Construction & Service Employees Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Kone Elevators Pty Ltd T/A Kone Elevators (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 6 January 2023 and was determined on the papers.

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 (CEPU), 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) of the Act I note that the Agreement covers these organisations.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

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 2022. The applicants sought to have the agreement approved as a low-paid enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the proposed terms and conditions of employment complied with the relevant statutory requirements and were consistent with the principles of fairness and equity.

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory criteria for approval, including compliance with minimum entitlements and fairness standards. Additionally, the Commission had to consider whether the agreement provided for appropriate consultation processes and whether it appropriately balanced the interests of both employers and employees. The applicants argued that the proposed agreement was fair and met all legislative requirements, while no objections were raised by other parties involved.

The Commission found that the proposed enterprise agreement contained terms and conditions that were fair and reasonable. It considered the applicants' submissions and evidence and determined that the agreement did not contravene any minimum entitlements prescribed by the Fair Work Act. The Commission also found that the consultation processes outlined in the agreement were appropriate and that it balanced the interests of both employers and employees. Consequently, the Commission approved the KONE Elevators Pty Ltd - Victoria Construction & Service Employees Enterprise Agreement 2022 as a low-paid enterprise agreement under the Fair Work Act.

The Fair Work Commission approved the KONE Elevators Pty Ltd - Victoria Construction & Service Employees Enterprise Agreement 2022 as a low-paid enterprise agreement, effective from the date of the approval decision. This approval allows the terms and conditions set out in the agreement to apply to the relevant employees, subject to the provisions of the Fair Work Act and any other applicable laws.

Kone Elevators Pty Ltd T/A Kone Elevators

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established