ThyssenKrupp Elevator Australia Pty Limited
[2018] FWCA 2349
•26 APRIL 2018
| [2018] FWCA 2349 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
ThyssenKrupp Elevator Australia Pty Limited
(AG2017/6239)
Thyssenkrupp NSW Collective Agreement 2017
| Building, metal and civil construction industries | |
| Commissioner Harper-Greenwell | MELBOURNE, 26 APRIL 2018 |
Application for approval of the thyssenkrupp NSW Collective Agreement 2017.
An application has been made for approval of an enterprise agreement known as the thyssenkrupp NSW Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ThyssenKrupp Elevator Australia Pty Limited. The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Manufacturing Workers’ Union (AMWU) 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 these organisations.
The Agreement was approved on 26 April 2018 and, in accordance with s.54, will operate from 3 May 2018. The nominal expiry date of the Agreement is 14 September 2020.
COMMISSIONER
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Annexure A
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