Schindler Lifts Australia Pty Ltd Summary

[2021] FWCA 6787

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schindler Lifts Australia Pty Ltd
(AG2021/8263)

SCHINDLER LIFTS AUSTRALIA PTY LTD SA ENTERPRISE AGREEMENT - NI/MOD - 2021 TO 2024

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 22 NOVEMBER 2021

Application for approval of the Schindler Lifts Australia Pty Ltd SA Enterprise Agreement -NI/Mod - 2021 to 2024

[1] An application has been made for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd SA Enterprise Agreement - NI/Mod - 2021 to 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Schindler Lifts Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Noting clause 8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – SA Branch Electrical & Plumbing Division (CEPU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CEPU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE513973 PR736012

CaseChat Overview and Summary

Schindler Lifts Australia Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The agreement was between Schindler and the relevant union. The dispute was about whether the agreement met the requirements for approval under the Fair Work Act 2009. The Fair Work Commission was the court that heard the matter.

The main legal issues before the Commission were whether the agreement was "bargained for" and "independent" as required by the Fair Work Act. The Commission had to determine if the agreement was genuinely negotiated between the parties and if it was not influenced by any unfair practices or coercion. Additionally, the Commission needed to ensure that the agreement did not include any provisions that were contrary to public policy.

The Fair Work Commission found that the agreement had been genuinely negotiated and was not influenced by any unfair practices or coercion. The Commission also found that the agreement did not include any provisions that were contrary to public policy. Therefore, the Commission approved the agreement. The Commission's decision was based on the evidence presented by both parties and the terms of the agreement itself.

The Fair Work Commission approved the Schindler Lifts Australia Pty Ltd SA Enterprise Agreement -NI/Mod - 2021 to 2024. The decision was made on the basis that the agreement met the requirements of the Fair Work Act.

Schindler Lifts Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established