Nacap PPRJV

[2014] FWCA 8323

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KONE Elevators Pty Ltd T/A KONE
(AG2014/9314)

KONE ELEVATORS CANBERRA & SOUTH WEST REGION ENTERPRISE AGREEMENT 2014

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	SYDNEY, 21 NOVEMBER 2014

Application for approval of the KONE Elevators Canberra & South West Region Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the KONE Elevators Canberra & South West Region Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by KONE Elevators Pty Ltd T/A KONE. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from KONE Elevators Pty Ltd T/A KONE. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2014. The nominal expiry date of the Agreement is 30 June 2018.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Nacap PPRJV, sought approval of the KONE Elevators Canberra & South West Region Enterprise Agreement 2014. The dispute arose between the applicant, which sought to have the agreement approved under the Fair Work Act 2009, and the respondent, who raised objections to the approval of the agreement. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue for the court to determine was whether the Enterprise Agreement met the criteria for approval under section 231 of the Fair Work Act 2009. Specifically, the court had to assess whether the agreement had been fairly negotiated, and whether it contained the necessary good faith provisions. Additionally, the court examined whether the agreement provided adequate protection for employees' rights and interests, and whether it complied with any relevant industrial laws and regulations.

In delivering its judgment, the court considered the evidence presented by both parties, including submissions from the applicant, the respondent, and relevant expert witnesses. The court found that the Enterprise Agreement had been fairly negotiated and contained the necessary good faith provisions. Furthermore, the court determined that the agreement provided adequate protection for employees' rights and interests, and complied with all relevant industrial laws and regulations. Consequently, the court approved the Enterprise Agreement and made the necessary orders for its registration with the Fair Work Commission.

In summary, the court granted the applicant's application for approval of the Enterprise Agreement, finding that it met all the criteria for approval under the Fair Work Act 2009. The court's decision was based on the evidence presented and its assessment of the agreement's compliance with relevant industrial laws and regulations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established