DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schindler Lifts Australia Pty Ltd
(AG2018/6086)

SCHINDLER LIFTS AUSTRALIA PTY LTD (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 FEBRUARY 2019

Application for approval of the Schindler Lifts Australia Pty Ltd (Western Australia) Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd (Western Australia) Enterprise Agreement 2017-2021 (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] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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.

[5] Clause 5(a) of the Agreement contained a reference to clause 26.1.7 which was an obvious error and has been corrected to clause 29.6 under s.586 of the Act.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia was a bargaining representative for the proposed enterprise agreement concerned, and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 15 February 2019 and, in accordance with s.54, will operate from 22 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Schindler Lifts Australia Pty Ltd, applied for approval of the proposed Enterprise Agreement (EA) for its employees in Western Australia. The EA in question was for the period of 2017-2021 and was being brought forward for consideration by the Fair Work Commission. The legal issues at hand required the Commission to determine whether the EA was made in good faith, whether it was a genuinely independent agreement, and if the terms of the EA met the "better off overall test" to ensure that the employees were not disadvantaged by the terms of the agreement.

In addressing these issues, the Commission considered the process through which the EA was negotiated, the nature of the terms proposed, and the extent to which the agreement provided for fair and equitable outcomes for the employees. The Commission also had to examine whether the EA provided adequate protections and benefits to the employees, and whether it aligned with the principles of enterprise bargaining as enshrined in the Fair Work Act. The Commission found that the EA was negotiated in good faith and was genuinely independent, as it reflected the input and agreement of the employees and their representatives. Furthermore, the terms of the EA were assessed and found to meet the better off overall test, indicating that the employees would be no worse off and in many respects better off with the EA than without it.

Consequently, the Commission approved the EA, affirming its compliance with the necessary legal requirements. The approval of the EA was based on the evidence provided that the agreement was fair and equitable, and that it provided for the proper representation of the interests of the employees. The final orders included the formal approval of the EA, allowing it to take effect from the specified commencement date, subject to any necessary registration or notification processes.

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