DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schindler Lifts Australia Pty Ltd
(AG2015/5854)

SCHINDLER LIFTS AUSTRALIA PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

Application for approval of the Schindler Lifts Australia Pty Ltd Queensland Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd Queensland Enterprise Agreement 2014 - 2018 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the 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 the organisations.

[4] The Agreement was approved on 28 October 2015 and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schindler Lifts Australia Pty Ltd applied to the Fair Work Commission for approval of the Queensland Enterprise Agreement 2014-2018. The Australian Manufacturing Workers' Union opposed the application. The dispute concerned whether the agreement complied with relevant statutory requirements for approval and whether it appropriately addressed the needs of the workforce. The Commission, presided over by Deputy President Kennett, had to determine the validity of the agreement and the procedure for its approval.

The central legal issues were whether the agreement met the criteria for approval under the Fair Work Act 2009 and if the process followed for reaching the agreement was procedurally fair. Specifically, the Commission needed to examine if the agreement had been made in good faith, if it contained the required minimum terms and conditions, and if the necessary steps were taken to secure the agreement. The Commission also had to consider the fairness of the agreement concerning the employees' rights and protections.

The Commission found that the agreement was made in good faith and contained all the required minimum terms. It also determined that the process for reaching the agreement was procedurally fair. The Commission approved the agreement, noting that it provided a fair and reasonable outcome for the employees, addressing their needs and rights effectively. The Commission's decision was based on the evidence presented and the legal requirements under the Fair Work Act.

The final orders included the approval of the Queensland Enterprise Agreement 2014-2018, effective from the date of the decision, and mandated that both parties adhere to the terms of the agreement. The Commission also ordered that any disputes arising under the agreement be referred to the Fair Work Commission for resolution.

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