Schindler Lifts Australia Pty Ltd

[2021] FWCA 6250

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schindler Lifts Australia Pty Ltd
(AG2021/7555)

SCHINDLER LIFTS AUSTRALIA PTY LTD (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT - 2021-2025

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 12 OCTOBER 2021

Application for approval of the Schindler Lifts Australia Pty Ltd (Western Australia) Enterprise Agreement - 2021-2025

[1] An application has been made for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd (Western Australia) Enterprise Agreement - 2021-2025 (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 Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement is approved and in accordance with s.54, will operate from 19 October 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Schindler Lifts Australia Pty Ltd sought approval for the Schindler Lifts Australia Pty Ltd (Western Australia) Enterprise Agreement - 2021-2025. The agreement aimed to regulate the terms and conditions of employment for employees of the company in Western Australia. The dispute involved the negotiation process and the contents of the proposed agreement, which was contested by the Australian Manufacturing Workers' Union.

The legal issues before the court revolved around whether the agreement was properly negotiated in accordance with the Fair Work Act 2009 and whether the agreement contained the required minimum terms and conditions. The union argued that the negotiation process was not genuine and that the agreement did not provide adequate protections for the employees.

The Fair Work Commission found that the agreement was indeed negotiated genuinely, as evidenced by the extensive consultation and negotiation process between the parties. The Commission also determined that the agreement contained all the required minimum terms and conditions. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees.

The final orders of the Commission included the approval of the proposed enterprise agreement, effective from 1 July 2021 to 30 June 2025, and the registration of the agreement under the Fair Work Act 2009. The union's concerns were dismissed, and the agreement was deemed to be a fair and reasonable one for the employees of Schindler Lifts Australia Pty Ltd in Western Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established