DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schindler Lifts Australia Pty Ltd
(AG2019/2742)

SCHINDLER LIFTS AUSTRALIA PTY LTD (NSW) ENTERPRISE AGREEMENT 2019- 2022

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 20 AUGUST 2019

Application for approval of the Schindler Lifts Australia Pty Ltd (NSW) Enterprise Agreement 2019- 2022.

[1] An application has been made for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd (NSW) Enterprise Agreement 2019- 2022 (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 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Schindler Lifts Australia Pty Ltd, the matter before the Fair Work Commission involved an application for the approval of an enterprise agreement for the period 2019 to 2022. The applicant, Schindler Lifts Australia Pty Ltd, sought to have the agreement, which had been negotiated with its employees represented by the Electrical Trades Union of Australia, formally approved and registered under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment, including wages, hours of work, leave provisions, and other employment-related matters as stipulated in the proposed agreement.

The legal issues that the Commission needed to address included whether the agreement met the statutory requirements under the Fair Work Act, such as ensuring that it was made in good faith, did not include terms that were contrary to public policy, and provided appropriate processes for the resolution of workplace disputes. Additionally, the Commission had to consider whether the agreement had been genuinely negotiated, and whether it provided for fair and reasonable terms and conditions for the employees involved.

The Commission found that the agreement met all the necessary requirements under the Fair Work Act. The terms of the agreement were deemed to be fair and reasonable, having been negotiated in good faith between the parties. The Commission noted the absence of any terms that were contrary to public policy and the inclusion of appropriate dispute resolution mechanisms. Consequently, the Commission approved the application and registered the Schindler Lifts Australia Pty Ltd (NSW) Enterprise Agreement 2019-2022, effective from the date of the decision. This outcome ensured that the agreed terms and conditions of employment would apply to the relevant employees during the specified period.

Schindler Lifts Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established