Schindler Lifts Australia Pty Ltd Summary

[2022] FWCA 654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Schindler Lifts Australia Pty Ltd

(AG2022/385)

Schindler Lifts Australia Pty Ltd Queensland Enterprise Agreement 2021 – 2024

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 24 FEBRUARY 2022

Application for approval of the Schindler Lifts Australia Pty Ltd Queensland Enterprise Agreement 2021 -2024

An application has been made for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd Queensland Enterprise Agreement 2021 -2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Schindler Lifts Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 the CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Schindler Lifts Australia Pty Ltd sought approval for the Queensland Enterprise Agreement 2021-2024. The application involved an agreement affecting employees working in various roles across Queensland. The legal issues the court needed to resolve were whether the agreement complied with the Fair Work Act 2009 and whether it met the procedural requirements for certification. The Commission examined whether the agreement was genuinely negotiated, if it contained the necessary minimum terms and conditions, and if the appropriate process had been followed for its submission and approval.

The court evaluated whether the application had been made in accordance with the statutory requirements and whether the agreement contained all the minimum terms and conditions stipulated by the Fair Work Act. Additionally, the Commission assessed if the agreement had been negotiated genuinely and whether it provided for the proper minimum terms and conditions. The court considered submissions from both the employer and the employees' representatives, focusing on the negotiation process and the fairness of the agreement's terms. The Commission determined that the agreement complied with all legislative and procedural requirements and was genuinely negotiated.

In conclusion, the Fair Work Commission approved the Queensland Enterprise Agreement 2021-2024. The Commission found that the agreement met all necessary statutory requirements, including genuine negotiation and compliance with the minimum terms and conditions. The procedural process for certification was also deemed to have been correctly followed. The Commission certified the agreement, which will now apply to the employees covered by it, ensuring their terms and conditions of employment are legally recognised and enforceable.

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