Schindler Lifts Australia Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schindler Lifts Australia Pty Ltd, an elevator manufacturing company, applied for approval of an enterprise agreement to the Fair Work Commission. The agreement covered employees in New South Wales who were part of the National Electrical and Communications Association (NECA) Multi-Employers Agreement. The dispute centred on the terms and conditions of employment outlined in the proposed agreement for the period 2022 to 2025. The Fair Work Commission, exercising its powers under the Fair Work Act 2009, was tasked with determining whether the agreement should be approved.

The primary legal issues before the Commission were whether the agreement met the requirements under the Fair Work Act and if it was in the best interest of the employees. This included assessing whether the agreement provided for fair and reasonable terms and conditions, did not undermine the safety and health of employees, and did not unfairly discriminate against any group of employees. The Commission also had to consider the implications of the agreement on the balance of power between employers and employees.

The Commission found that the proposed agreement met the statutory requirements and was in the best interests of the employees. The agreement provided for fair and reasonable terms and conditions of employment, did not undermine the safety and health of employees, and did not unfairly discriminate against any group of employees. The Commission noted that the agreement had been negotiated in good faith and was supported by the majority of the employees. The Commission also considered the economic and operational context of the company and found that the agreement would not have an adverse effect on the company's ability to operate efficiently.

The Commission approved the Schindler Lifts Australia Pty Ltd (NSW) Enterprise Agreement 2022-2025, effective from 1 July 2022. The agreement sets out the terms and conditions of employment for the employees covered by the agreement, including wages, hours of work, leave entitlements, and other employment-related matters. The Commission's decision was based on the merits of the agreement and the evidence presented by both parties.

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