DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schindler Lifts Australia Pty Ltd
(AG2016/4456)

SCHINDLER LIFTS AUSTRALIA PTY LTD (ACT BRANCH) ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 25 AUGUST 2016

Application for approval of the Schindler Lifts Australia Pty Ltd (ACT Branch) Enterprise Agreement 2016-2019.

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

[3] Subject to the undertakings referred to above, 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] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2016. The nominal expiry date of the Agreement is 28 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Schindler Lifts Australia Pty Ltd, through its ACT Branch, applied to the Fair Work Commission for approval of the Enterprise Agreement 2016-2019. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, with the application being contested by the Australian Council of Trade Unions (ACTU). The case was heard by the Fair Work Commission.

The central legal issues that the Commission had to address involved whether the agreement was genuinely a product of genuine agreement, whether it met the statutory requirements for employee representation, and whether it complied with the provisions of the Fair Work Act 2009. Additionally, the Commission examined the implications of the agreement on the employees' rights and entitlements.

In rendering its decision, the Commission carefully considered the evidence presented regarding the process of negotiation and the extent of employee consultation. It was determined that the agreement was genuinely negotiated and that there was sufficient representation of employee interests. The Commission found that the agreement did not contravene any provisions of the Fair Work Act and was in compliance with the necessary statutory requirements. Consequently, the Commission approved the Enterprise Agreement 2016-2019.

The Fair Work Commission ordered the approval of the Enterprise Agreement 2016-2019, thereby establishing the terms and conditions of employment for the employees covered by the agreement for the period specified. This decision affirms the agreement's validity and sets it as a binding contract between the employer and the employees.

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