Schindler Lifts Australia Pty Ltd

[2019] FWCA 7813

[2019] FWCA 7813

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schindler Lifts Australia Pty Ltd
(AG2019/3696)

SCHINDLER LIFTS AUSTRALIA PTY LTD (SA) SERVICE & REPAIRS ENTERPRISE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 15 NOVEMBER 2019

Application for approval of the Schindler Lifts Australia Pty Ltd (SA) Service & Repairs Enterprise Agreement 2019 - 2022.

[1] Schindler Lifts Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd (SA) Service & Repairs Enterprise Agreement 2019 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Form F16 nominated Jason Wilder as an employee bargaining representative for the Agreement. Mr Wilder has lodged a Form F18A statutory declaration in support of the approval of the Agreement.

[3] The Notice of Employee Representational Rights (NERR) issued to employees states that the name of the Agreement is ‘Schindler Lifts Australia Pty Ltd (SA) Service & Repairs Enterprise Agreement 2016-2019’. Clause 1 of the Agreement provides that the name of the Agreement is ‘Schindler Lifts Australia Pty Ltd (SA) Service & Repairs Enterprise Agreement 2019-2022.’ The Employer provided submissions as to the error on 29 October 2019. I am satisfied having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others 1that this constitutes a minor technical or procedural error for the purposes s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

[4] Accordingly, notwithstanding the matters identified in paragraph 2 above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

[5] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[6] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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.

[7] The Agreement was approved on 15 November 2019 and, in accordance with s 54, will operate from 22 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Annexure A

 1   [2019] FWCFB 318

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