Schindler Lifts Australia Pty Ltd Summary

[2013] FWCA 1982

FAIR WORK COMMISSION

DECISION

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

Schindler Lifts Australia Pty Ltd
(AG2013/720)

SCHINDLER LIFTS AUSTRALIA PTY LTD (ACT BRANCH) ENTERPRISE AGREEMENT 2012-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 3 APRIL 2013

Application for approval of the Schindler Lifts Australia Pty Ltd (ACT Branch) Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd (ACT Branch) Enterprise Agreement 2012-2015 (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 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 10 April 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schindler Lifts Australia Pty Ltd applied for approval of an enterprise agreement that had been negotiated with its employees. The application was made under the Fair Work Act 2009. The respondents to the application were the union representing the employees and the Fair Work Commission. The dispute was heard in the Full Bench of the Fair Work Commission.

The primary legal issue before the court was whether the enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the court had to determine whether the agreement was "fair and reasonable" in all its terms, taking into account various statutory factors. The court also needed to decide whether the agreement complied with the provisions regarding minimum entitlements and the protection of employees' rights.

The Full Bench found that the enterprise agreement was fair and reasonable in all its terms. The court considered the parties' bargaining positions, the nature of the agreement, and the statutory factors set out in the Fair Work Act. The court concluded that the agreement provided for fair and reasonable terms and conditions of employment, and that it did not undermine the protection of employees' rights. The court also found that the agreement complied with the provisions regarding minimum entitlements. Based on these findings, the court approved the enterprise agreement.

The final orders of the court were that the Schindler Lifts Australia Pty Ltd (ACT Branch) Enterprise Agreement 2012-2015 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered and published in accordance with the Act.

Schindler Lifts Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established