DECISION

Fair Work Act 2009
s.210—Enterprise agreement

ThyssenKrupp Elevator Australia Pty Limited
(AG2017/4854)

THYSSENKRUPP ELEVATOR AUSTRALIA - AUSTRALIAN CAPITAL TERRITORY CONSTRUCTION AND SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 NOVEMBER 2017

Application for variation of the ThyssenKrupp Elevator Australia - Australian Capital Territory Construction and Service Employees Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the ThyssenKrupp Elevator Australia - Australian Capital Territory Construction and Service Employees Enterprise Agreement 2016 (the Agreement). The application was made by ThyssenKrupp Elevator Australia Pty Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 9 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, ThyssenKrupp Elevator Australia Pty Limited, sought a variation of the ThyssenKrupp Elevator Australia – Australian Capital Territory Construction and Service Employees Enterprise Agreement 2016. The applicant argued that changes in the operational landscape necessitated amendments to the existing agreement, which had been in place since 2016. The Commission was tasked with determining whether the proposed changes were necessary and fair, considering the interests of both the employer and the employees.

The central legal issue before the Commission was whether the proposed changes to the enterprise agreement were justifiable under the Fair Work Act 2009. Specifically, the Commission needed to assess if the variations were necessary to adapt to changes in the business environment and if they maintained a balance between the interests of the employer and the employees. The applicant argued that the changes were essential due to significant shifts in the operational environment, including technological advancements and shifts in market demand. The Commission was required to weigh these arguments against the protection of employees' rights and the maintenance of fair working conditions.

The Commission found that the proposed variations were necessary to adapt to the changing business environment and were fair to the employees. The applicant demonstrated that the changes were essential to remain competitive and viable in the current market. The Commission concluded that the variations did not adversely affect the employees' conditions and were reasonable and necessary to address the operational changes. Therefore, the application for variation was approved, allowing ThyssenKrupp Elevator Australia to implement the revised terms in the enterprise agreement.

The Commission issued orders approving the variations to the ThyssenKrupp Elevator Australia – Australian Capital Territory Construction and Service Employees Enterprise Agreement 2016. The approved variations were to take effect from the date of the decision, allowing the applicant to implement the new terms in accordance with the Fair Work Act 2009. This decision ensures that the enterprise agreement reflects the current operational realities while maintaining fair conditions for the employees.

ThyssenKrupp Elevator Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established