DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schindler Lifts Australia Pty Ltd
(AG2016/5508)

Schindler Lifts Australia Pty Ltd (SA) Service & Repairs Enterprise Agreement 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the Schindler Lifts Australia Pty Ltd (SA) Service & Repairs Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd (SA) Service & Repairs Enterprise Agreement 2016-2019 (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] 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 of the Act, will operate from 6 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schindler Lifts Australia Pty Ltd recently came before the Fair Work Commission in an application for the approval of the Schindler Lifts Australia Pty Ltd (SA) Service & Repairs Enterprise Agreement 2016-2019. The dispute centred around the terms and conditions of employment of the company's workforce, specifically those involved in the service and repair of lifts. The application was made by the employer, Schindler Lifts Australia Pty Ltd, seeking endorsement of the proposed agreement by the Fair Work Commission.

The legal issues that the Fair Work Commission was required to decide included whether the agreement met the requirements of the Fair Work Act 2009, specifically in terms of the bargaining process, the content of the agreement, and its compliance with the 'better off overall test'. The commission had to ensure that the agreement was made in good faith and that it provided for the employees' terms and conditions of employment that were no less favourable than the relevant award or safety net.

The Fair Work Commission found that the agreement was made in good faith and complied with the requirements of the Fair Work Act 2009. The commission noted that the bargaining process was transparent and that the content of the agreement was fair and reasonable. The commission was satisfied that the agreement provided for terms and conditions that were no less favourable than the relevant award or safety net and met the better off overall test. As a result, the Fair Work Commission approved the agreement, and it will now be legally binding on both the employer and the employees covered by the agreement.

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