Schindler Lifts Australia Pty Ltd

[2023] FWCA 1833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Schindler Lifts Australia Pty Ltd

(AG2023/1594)

SCHINDLER LIFTS AUSTRALIA PTY LTD (ACT BRANCH) ENTERPRISE AGREEMENT 2022-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 21 JUNE 2023

Application for approval of the Schindler Lifts Australia Pty Ltd (ACT Branch) Enterprise Agreement 2022-2025.

Schindler Lifts Australia Pty Ltd (the Employer) has made an application for the approval of the Schindler Lifts Australia Pty Ltd (ACT Branch) Enterprise Agreement 2022-2025 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) was a bargaining representative for the Agreement and 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2023. The nominal expiry date of the Agreement is 30 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Schindler Lifts Australia Pty Ltd applied for approval of their proposed enterprise agreement, which was to govern employment conditions for a period of three years. The Fair Work Commission was tasked with assessing the agreement to determine if it met the legal standards and provisions outlined in the Fair Work Act 2009. The legal issues before the Commission involved ensuring that the agreement adhered to the requirements for being a "registerable" agreement and did not contravene any provisions of the Fair Work Act.

The Commission considered whether the agreement contained the mandatory terms and conditions set out in Schedule 1 of the Fair Work Act. The Commission also evaluated whether the agreement provided for a fair and efficient workplace, and whether it complied with the process requirements for registration. In examining the agreement, the Commission noted that the proposed conditions were consistent with the general protections provided by the Fair Work Act, and that the agreement was the result of genuine bargaining between the employer and the employees' representatives. Consequently, the Commission concluded that the proposed enterprise agreement was compliant with the legal standards and provisions.

Accordingly, the Fair Work Commission approved the proposed Schindler Lifts Australia Pty Ltd (ACT Branch) Enterprise Agreement 2022-2025. The Commission found that the agreement met the requirements for registration and did not contravene any provisions of the Fair Work Act. The approved agreement will now govern the employment conditions of the relevant employees for the specified three-year period, providing a fair and efficient workplace for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established