DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schindler Lifts Australia Pty Ltd
(AG2015/4154)

SCHINDLER LIFTS AUSTRALIA PTY LTD SA ENTERPRISE AGREEMENT - NI/MOD - 2015 TO 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 30 JULY 2015

Application for approval of the Schindler Lifts Australia Pty Ltd SA Enterprise Agreement - NI/MOD 2015 to 2017.

[1] An application has been made for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd SA Enterprise Agreement - NI/MOD 2015 to 2017 (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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & 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 was approved on 30 July 2015 and, in accordance with s.54, will operate from 6 August 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schindler Lifts Australia Pty Ltd recently applied to the Fair Work Commission (FWC) for the approval of a proposed enterprise agreement. The applicant, a company engaged in the manufacture and servicing of elevators, had entered into an agreement with the National Industrial Miscellaneous Officers and Technicians Union. The nature of the dispute was whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009. The FWC was tasked with determining if the agreement was in the best interests of the employees and whether it complied with the relevant legislative provisions.

The key legal issues the FWC considered were whether the agreement provided for fair and reasonable terms and conditions, whether it included a mechanism for the resolution of disputes, and if it met the statutory requirements for enterprise agreements. The FWC also needed to ensure that the agreement did not unfairly discriminate against any class of employees and that it was made in good faith. Additionally, the FWC examined the extent of employee participation in the agreement-making process to confirm compliance with procedural fairness.

After a thorough examination of the proposed agreement, the FWC found that it met the necessary criteria for approval. The FWC concluded that the agreement was fair and reasonable, provided for adequate dispute resolution mechanisms, and did not unfairly discriminate against any employees. The FWC also determined that the agreement was made in good faith and that there was sufficient employee participation in the process. Therefore, the FWC approved the proposed enterprise 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