Schindler Lifts Australia Pty Ltd

[2013] FWCA 8022

FAIR WORK COMMISSION

DECISION

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

Schindler Lifts Australia Pty Ltd
(AG2013/9734)

SCHINDLER LIFTS AUSTRALIA PTY LTD (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 15 OCTOBER 2013

Application for approval of the Schindler Lifts Australia Pty Ltd (Western Australia) Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd (Western Australia) Enterprise Agreement 2013-2017 (the Agreement). The application was made by Schindler Lifts Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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 the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 22 October 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Schindler Lifts Australia Pty Ltd for approval of an enterprise agreement. The agreement, proposed for the period 2013-2017, was contested by the union representing the employees, United Voice WA. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and if it was appropriately negotiated and presented to the workforce. The Fair Work Commission was tasked with determining whether the agreement was fairly and appropriately negotiated, met the legal standards for approval, and was in the best interest of the employees.

The central legal issues the Commission had to resolve were whether the agreement was genuinely negotiated between the parties, whether it met the statutory criteria for approval, and if it provided fair and reasonable terms and conditions of employment. This included assessing the process by which the agreement was developed, whether it adhered to the procedural requirements set out in the Fair Work Act, and if it provided fair and equitable outcomes for the employees. Additionally, the Commission needed to determine whether any provisions of the agreement contravened any minimum entitlements or standards prescribed by the Fair Work Act.

In its decision, the Fair Work Commission found that the enterprise agreement was genuinely negotiated between the parties and met the statutory criteria for approval. The Commission noted that the process followed in developing the agreement was thorough and adhered to the procedural requirements. Furthermore, the Commission concluded that the agreement provided fair and reasonable terms and conditions of employment, and did not contravene any minimum entitlements or standards. Consequently, the Commission approved the agreement, finding that it was in the best interest of the employees.

The Fair Work Commission approved the Schindler Lifts Australia Pty Ltd (Western Australia) Enterprise Agreement 2013-2017. The Commission found that the agreement was fairly negotiated, met the legal standards for approval, and provided fair and reasonable terms and conditions of employment for the employees. This decision marked the formal approval of the enterprise agreement, which would now govern the employment conditions for the relevant workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established