Schindler Lifts Australia Pty Ltd
[2023] FWCA 1833
•21 JUNE 2023
| [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
<AE520441 PR763474>
Annexure A
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