Schindler Lifts Australia Pty Ltd

[2013] FWCA 5874

FAIR WORK COMMISSION

DECISION

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

Schindler Lifts Australia Pty Ltd
(AG2013/2300)

SCHINDLER LIFTS AUSTRALIA PTY LTD NSW ENTERPRISE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 26 AUGUST 2013

Application for approval of the Schindler Lifts Australia Pty Ltd NSW Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd NSW Enterprise Agreement 2013-2015 (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 and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 2 September 2013. The nominal expiry date of the Agreement is 28 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Schindler Lifts Australia Pty Ltd applied for approval of the NSW Enterprise Agreement 2013-2015. The application was made under section 233 of the Fair Work Act 2009, and the matter was heard by Deputy President K H Jones. The applicant, Schindler Lifts Australia Pty Ltd, is an employer, and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, is a trade union. The agreement in question governs the terms and conditions of employment for the union's members within the company.

The legal issues before the court were whether the agreement met the criteria for registration as an enterprise agreement under the Fair Work Act, and if the agreement was in the best interests of the employees. The court examined whether the agreement provided for a fair and efficient workplace, and if it was free from any unfair provisions. The court also needed to determine whether the agreement had been made in good faith and whether the union had been appropriately consulted.

The court found that the agreement met the criteria for registration and was in the best interests of the employees. The agreement provided for a fair and efficient workplace, and it did not contain any unfair provisions. The court found that the agreement had been made in good faith and that the union had been appropriately consulted. The court also noted that the agreement provided for a good level of protection for employees and that it was a reasonable agreement in the circumstances. The application for approval of the agreement was accordingly granted.

The final orders of the court were that the NSW Enterprise Agreement 2013-2015 be approved as a registered agreement under section 173 of the Fair Work Act 2009, and that the agreement be registered with the details set out in the schedule to the orders. The agreement was registered as the Schindler Lifts Australia Pty Ltd NSW Enterprise Agreement 2013-2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established