Schindler Lifts Australia Pty Ltd

[2025] FWCA 558

[2025] FWCA 558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Schindler Lifts Australia Pty Ltd

(AG2025/256)

SCHINDLER LIFTS AUSTRALIA PTY LTD VICTORIAN ENTERPRISE AGREEMENT 2024-2028

Building, metal and civil construction industries
COMMISSIONER REDFORD	MELBOURNE, 18 FEBRUARY 2025

Application for approval of the Schindler Lifts Australia Pty Ltd Victorian Enterprise Agreement 2024-2028

1. An application has been made for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd Victorian Enterprise Agreement 2024-2028 (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 (Schindler Lifts). The Agreement is a single enterprise agreement.

Undertakings

1. In response to several issues raised with Schindler Lifts in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement. 

1. The undertakings relate to:  

a.Definition of a shiftworker;

2. Interaction with the National Employment Standards;
3. Apprentices’ entitlements.

Interaction with the National Employment Standards

1. Schindler Lifts provided an undertaking, which provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) and where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency (the NES precedence undertaking). Taking this into account, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:   

a.Clause 39 of the Agreement provides that employees covered by it are entitled to parental leave in accordance with the Schindler Parental Leave policy. Regardless of the terms of this policy the NES precedence undertaking will ensure that employees are at least entitled to the parental leave provisions set out in the NES.

b.Clause 38 of the Agreement provides for compassionate leave, however it is silent in relation to the entitlement in circumstances when an employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. Section 104(1)(c) of the Act provides for compassionate leave in these circumstances. On the basis of the NES precedence undertaking, the superior entitlement provided for in the NES will apply.

Consideration

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - Victorian Divisional Branch Union (CEPU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) being bargaining representatives 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) I note that the Agreement covers the CEPU and AMWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A