DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Schindler Lifts Australia Pty Ltd
(AG2014/8081)

SCHINDLER LIFTS AUSTRALIA PTY LTD (SA) SERVICE & REPAIRS ENTERPRISE AGREEMENT 2014 - 2016

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 4 DECEMBER 2014

Application for approval of the Schindler Lifts Australia Pty Ltd (SA) Service & Repairs Enterprise Agreement 2014 - 2016.

[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 2014 - 2016 (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] An undertaking has been provided in the following terms:

“1. The Company undertakes to provide rates of pay to the employees covered by the Agreement as set out in Annexure “A” to the letter to the Fair Work Commission dated 24 November 2014 and marked “Private & Confidential” (the Letter).

2. For the avoidance of doubt, and despite the wording contained in the Letter, where an employee receives an After Hours Payment in the circumstances prescribed by clause 17 of the Agreement, the After Hours Payment is provided in lieu of the hourly rates set out in Annexure “A” to the Letter. That is, an employee is not entitled to both the After Hours Payment and the hourly rates in Annexure “A” in connection with the same work.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[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) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2014. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schindler Lifts Australia Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the Schindler Lifts Australia Pty Ltd (SA) Service & Repairs Enterprise Agreement 2014 - 2016. The dispute involved the terms and conditions of employment for the company's service and repair workers, with the primary concern being whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement met the genuine bargaining threshold, whether it contained the mandated minimum terms and conditions, and whether it was in the best interests of the employees. Additionally, the Commission had to assess whether the agreement was free from any prohibited content, such as terms that would undermine the effectiveness of the agreement or terms that were contrary to public policy.

In examining the application, the Commission considered the process of bargaining between the parties and the substance of the agreement. It was determined that the agreement had been genuinely bargained as it was the product of a negotiation process that was free from any duress or coercion. The Commission further found that the agreement contained all the mandated minimum terms and conditions and was in the best interests of the employees, taking into account the overall benefits provided by the agreement. The agreement was also found to be free from any prohibited content and did not contain any terms that would undermine its effectiveness or were contrary to public policy. Therefore, the Commission approved the proposed agreement, recognising it as a valid and binding enterprise agreement under the Fair Work Act 2009.

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