Schindler Lifts Australia Pty Ltd
[2023] FWCA 587
•23 FEBRUARY 2023
| [2023] FWCA 587 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Schindler Lifts Australia Pty Ltd
(AG2023/313)
Schindler Lifts Australia Pty Ltd (NSW) Enterprise Agreement 2022- 2025
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 23 FEBRUARY 2023 |
Application for approval of the Schindler Lifts Australia Pty Ltd (NSW) Enterprise Agreement 2022- 2025.
An application has been made for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd (NSW) Enterprise Agreement 2022- 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Schindler Lifts Australia Pty Ltd. The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
While the Agreement states it ‘shall operate within 7 days of the date of approval by Fair Work Commission’, s.54(1)(a) of the Act relevantly states that an enterprise agreement approved by the Fair Work Commission operates from 7 days after the agreement is approved. The Agreement was approved on 23 February 2023 and, in accordance with s.54 of the Act, will operate from 2 March 2023. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
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