ThyssenKrupp Elevator Australia Pty Limited Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ThyssenKrupp Elevator Australia Pty Limited sought approval of the thyssenkrupp NSW Collective Agreement 2017 from the Fair Work Commission. The dispute arose from negotiations between ThyssenKrupp and the union representing its employees, which led to the proposed agreement that was subject to the Commission's approval. The nature of the disagreement was whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was in the interests of employees and whether it met the criteria for approval as outlined in the Fair Work Act. Specifically, the Commission had to consider whether the agreement was not detrimental to employees and promoted the economic and social interests of the employees. Additionally, the Commission had to ensure that the agreement did not include provisions that were contrary to public policy.

In reaching its decision, the Fair Work Commission considered the terms of the proposed agreement, the submissions from both ThyssenKrupp and the union, and relevant precedents. The Commission determined that the agreement was in the best interests of the employees and met the criteria for approval. The Commission found that the agreement was not detrimental to employees and promoted their economic and social interests. Furthermore, the Commission found that the agreement did not include any provisions that were contrary to public policy. Based on these findings, the Commission approved the thyssenkrupp NSW Collective Agreement 2017.

ThyssenKrupp Elevator Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established