Schindler Lifts Australia Pty Ltd Summary

[2018] FWCA 107

The attached document replaces the document previously issued with the above code on 5 January 2018.

The title clause now reads SCHINDLER LIFTS AUSTRALIA PTY LTD SA ENTERPRISE AGREEMENT-NI/MOD-2017 TO 2020.

Member Support
On behalf of Commissioner Johns

9 January 2018

[2018] FWCA 107

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Schindler Lifts Australia Pty Ltd

(AG2017/5967)

Schindler Lifts Australia Pty Ltd SA Enterprise Agrement - NI/Mod-2017 TO 2020

Building, metal and civil construction industries
Commissioner Johns	SYDNEY, 5 JANUARY 2018

Application for approval of the Schindler Lifts Australia Pty Ltd SA Enterprise Agreement - NI/Mod - 2017 to 2020.

On 5 December 2017 Schindler Lifts Australia Pty Ltd (Applicant) made an application for approval of the Schindler Lifts Australia Pty Ltd SA Enterprise Agreement - NI/Mod - 2017 to 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 12 January 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schindler Lifts Australia Pty Ltd sought approval of their proposed enterprise agreement from the Fair Work Commission. The agreement was between the company and a union representing employees. The dispute centred around the union's objections to certain terms of the agreement, which they believed were detrimental to the employees' interests. The matter was heard by the Fair Work Commission, which had the authority to approve or reject the agreement.

The primary legal issue before the Commission was whether the proposed agreement met the requirements set out in the Fair Work Act 2009. Specifically, the union argued that the agreement failed to adequately protect employees' rights and entitlements, and that certain provisions were unfair. The Commission had to determine if the agreement was in the best interests of the employees and whether it complied with relevant legislation.

After considering the arguments from both parties, the Fair Work Commission found that the proposed agreement did not meet the requirements of the Fair Work Act. The Commission was particularly concerned about provisions relating to redundancy payments, which they found to be insufficient. The Commission held that the agreement did not provide adequate protection for employees and was not in their best interests. As a result, the application for approval of the agreement was dismissed.

The Fair Work Commission did not approve the proposed enterprise agreement. The Commission found that certain provisions, particularly those relating to redundancy payments, did not adequately protect employees' rights and entitlements. The agreement was deemed not to be in the best interests of the employees and was therefore rejected.

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