Schindler Lifts Australia Pty Ltd Summary

[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

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.

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

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.

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.

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.

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.

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.

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.

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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CaseChat Overview and Summary

Schindler Lifts Australia Pty Ltd, a company involved in the manufacture and installation of elevators and escalators, applied for approval of a new enterprise agreement set for the period from 2024 to 2028. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the legal criteria for approval. The dispute centred on whether the agreement appropriately balanced the interests of employees, employers, and the broader workforce, as mandated by the Fair Work Act 2009.

The primary legal issues the Commission had to address included whether the agreement fairly represented the employees' interests, whether it was free from prohibited content, and if it adhered to the provisions regarding minimum entitlements. Furthermore, the Commission examined whether the agreement was made in good faith and whether it included necessary provisions for the resolution of disputes. The Commission also considered submissions from various stakeholders, including employee representatives and the employer, to ensure the agreement complied with all statutory requirements.

In its decision, the Fair Work Commission found that the proposed enterprise agreement met all the necessary legal standards. The Commission confirmed that the agreement was fairly representative of the employees' interests and did not include any content that was prohibited under the Fair Work Act. It also determined that the agreement provided for the protection of minimum entitlements and was made in good faith. Additionally, the agreement contained appropriate provisions for the resolution of disputes, thereby satisfying the requirements for approval. The Commission approved the agreement, noting that it would provide a fair and equitable framework for the employees and the employer during the specified period.

The Commission ordered that the Schindler Lifts Australia Pty Ltd SA Enterprise Agreement – NI/Mod – 2024 to 2028 be approved and registered with the Fair Work Commission. The agreement is now legally binding and will govern the employment conditions of the employees for the duration of its term. This decision ensures that both the employees and the employer have a clear understanding of their rights and obligations under the new enterprise agreement.

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