DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schindler Lifts Australia Pty Ltd
(AG2015/3954)

SCHINDLER LIFTS AUSTRALIA PTY LTD - VICTORIAN ENTERPRISE AGREEMENT 2014 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 JULY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd - Victorian 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.

[3] 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.

[4] 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.

[5] The Agreement was approved on 17 July 2015 and, in accordance with s.54, will operate from 24 July 2015. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schindler Lifts Australia Pty Ltd recently appeared before the Fair Work Commission (FWC) in an application for the approval of the Schindler Lifts Australia Pty Ltd - Victorian Enterprise Agreement 2014 - 2018. The company sought to have the enterprise agreement (EA) certified as a modern award by the FWC. The dispute centred around the negotiation, content, and fairness of the proposed EA, which was intended to cover employees in the lift manufacturing and servicing sector.

The legal issues before the FWC included whether the agreement was genuinely the product of a free and voluntary negotiation process, whether it adhered to the provisions of the Fair Work Act 2009, and whether it was fair and reasonable in terms of the terms and conditions of employment. The FWC needed to assess whether the EA provided for a fair and efficient workplace, whether it aligned with the modern award provisions, and if it met the criteria for employee protection and participation.

The FWC determined that the EA was genuinely negotiated and met all statutory requirements. The agreement was found to provide for an efficient workplace, offering reasonable terms and conditions that were not less favourable than the applicable modern award. The FWC noted that the agreement included provisions for employee participation and protections, and that it was fair and reasonable considering the economic circumstances and the need for flexibility in the industry. The Commission approved the EA as a modern award, allowing it to be registered and enforceable.

The final orders of the FWC included the registration of the Schindler Lifts Australia Pty Ltd - Victorian Enterprise Agreement 2014 - 2018 as a modern award. This decision ensures that the terms and conditions outlined in the EA will govern the employment of the workers covered by the agreement, providing a clear framework for industrial relations within the company.

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