Schindler Lifts Australia Pty Ltd Summary

[2025] FWCA 3540

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Schindler Lifts Australia Pty Ltd

(AG2025/3309)

SCHINDLER LIFTS AUSTRALIA PTY LTD (SA) SERVICE & REPAIRS ENTERPRISE AGREEMENT 2025 - 2029

Building, metal and civil construction industries
COMMISSIONER ROGERS	ADELAIDE, 22 OCTOBER 2025

Application for approval of the Schindler Lifts Australia Pty Ltd (SA) Service & Repairs Enterprise Agreement 2025 - 2029

An application has been made for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd (SA) Service & Repairs Enterprise Agreement 2025 - 2025 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 29 October 2025. The nominal expiry date of the Agreement is 30 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission was an application by Schindler Lifts Australia Pty Ltd to have their proposed enterprise agreement approved. The proposed agreement was for the period of 2025 to 2029 and related to the terms and conditions of employment for their service and repair technicians. The dispute centered on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically the 'better off overall test' which requires that employees be no worse off financially and, where possible, better off overall under the agreement.

The key legal issue before the court was whether the proposed enterprise agreement complied with the 'better off overall test' as required by the Fair Work Act. This involved a detailed analysis of the proposed changes to pay rates, penalty rates, and other conditions, as well as the overall financial impact on employees. The court also considered whether the agreement allowed for genuine bargaining and if the agreement contained appropriate dispute resolution mechanisms.

The court examined the evidence provided by both parties and assessed whether the proposed changes would result in employees being no worse off financially and, where possible, better off overall. The court found that the proposed agreement met the criteria for approval under the Act. It was concluded that the agreement provided for adequate pay rates and conditions that were at least equivalent to those under the existing award, and in some cases, better. The court was satisfied that the agreement had been genuinely bargained and contained appropriate dispute resolution mechanisms.

The Australian Industrial Relations Commission approved the Schindler Lifts Australia Pty Ltd (SA) Service & Repairs Enterprise Agreement 2025 - 2029, finding that it met the requirements of the Fair Work Act, including the 'better off overall test'. This decision confirms the agreement's validity and allows it to be implemented from the agreed commencement date.

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