DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schindler Lifts Australia Pty Ltd T/A Schindler Lifts Australia
(AG2018/5019)

SCHINDLER LIFTS AUSTRALIA PTY LTD - VICTORIAN ENTERPRISE AGREEMENT 2018-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 26 FEBRUARY 2019

Application for approval of the Schindler Lifts Australia Pty Ltd - Victorian Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd - Victorian Enterprise Agreement 2018-2021 (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 T/A Schindler Lifts Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] 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.

[7] 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 being a 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 these organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Schindler Lifts Australia Pty Ltd T/A Schindler Lifts Australia applied for approval of the Victorian Enterprise Agreement 2018-2021. The applicants were represented by Mr S. M. R. B. Smith, and the respondents, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), by Ms R. A. J. G. Robinson. The matter was heard by his Honour Deputy President W. J. R. S. The dispute concerned the terms and conditions of employment of the workers in the industry.

The legal issues before the court were whether the agreement was a bona fide enterprise agreement, whether it was appropriately certified, and whether the agreement complied with the statutory requirements. The court had to consider whether the agreement was made in good faith, whether it related to an enterprise, and whether it was an enterprise agreement as defined by the Fair Work Act 2009 (Cth). Furthermore, the court had to consider whether the agreement was procedurally valid, whether it had been certified by a relevant independent person, and whether it complied with the statutory requirements.

The court found that the agreement was a bona fide enterprise agreement. The court found that the agreement was made in good faith and was related to an enterprise. The court also found that the agreement was appropriately certified and complied with the statutory requirements. The court considered that the agreement was procedurally valid and had been certified by a relevant independent person. The court found that the agreement met all the statutory requirements and was, therefore, valid. The application was accordingly approved.

The court ordered that the Schindler Lifts Australia Pty Ltd - Victorian Enterprise Agreement 2018-2021 be approved and registered. The court also ordered that the agreement be published on the Fair Work Commission’s website and that a copy be provided to the relevant parties. The court further ordered that the agreement be binding on all the relevant parties and that any disputes arising from the agreement be referred to the Fair Work Commission.

Schindler Lifts Australia Pty Ltd T/A Schindler Lifts Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established