Schindler Lifts Australia Pty Ltd

[2024] FWCA 2689

[2024] FWCA 2689

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Schindler Lifts Australia Pty Ltd

(AG2024/2541)

SCHINDLER LIFTS AUSTRALIA PTY LTD SA ENTERPRISE AGREEMENT – NI/MOD – 2024 TO 2028

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 24 JULY 2024

Application for approval of the Schindler Lifts Australia Pty Ltd SA Enterprise Agreement – NI/Mod – 2024 to 2028

1. An application has been made for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd SA Enterprise Agreement – NI/Mod – 2024 to 2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Schindler Lifts Australia Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 17 July 2024.

1. On 18 July 2024, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. The Applicant has submitted an undertaking in the required form dated 18 July 2024. The undertaking deals with the following topics:

·  The Workplace Delegates' Rights term as contained in the Award will be taken to be a term of the Agreement.

·  Where there is an inconsistency between the Agreement and the NES, the NES provisions will prevail. In so far Clause 44.2(b) permits the Applicant to withhold monies in a manner inconsistent with the NES, it will not apply.

·  Apprentices will not be engaged under the Agreement.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The Communications Electrical Electronic Energy Information Postal Plumbing & Allied Services Union of Australia – SA Branch Electrical & Plumbing Division, 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 this organisation.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2028.

COMMISSIONER

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