ThyssenKrupp Elevator Australia Pty Limited

[2017] FWCA 4938

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

ThyssenKrupp Elevator Australia Pty Limited

(AG2017/4099)

ETU / AMWU ThyssenKrupp Elevator Construction & Service Employees Union Collective Agreement 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 SEPTEMBER 2017

Application for variation of the ETU / AMWU THYSSENKRUPP ELEVATOR Construction & Service Employees Union Collective Agreement 2015.

An application has been made for approval of a variation to the ETU / AMWU THYSSENKRUPP ELEVATOR Construction & Service Employees Union Collective Agreement 2015 (the Agreement). The application was made by ThyssenKrupp Elevator Australia Pty Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

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.

The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 27 August 2015. Those undertakings form part of the Agreement as varied.

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

In accordance with s.216 of the Act, the variation operates from 21 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

ThyssenKrupp Elevator Australia Pty Limited applied to the Fair Work Commission to vary the ETU/AMWU ThyssenKrupp Elevator Construction & Service Employees Union Collective Agreement 2015, which governs the employment terms and conditions of its workers. The dispute centred on whether the proposed changes were necessary and appropriate to accommodate business needs while maintaining fairness to employees.

The legal issues the court had to decide included whether the proposed changes were reasonable and fair, and if they were necessary for the company's operational efficiency. The court also had to determine if the changes would cause any undue hardship to the employees and whether the application was consistent with the principles of the Fair Work Act 2009.

The Fair Work Commission assessed the evidence provided by ThyssenKrupp Elevator Australia and the unions representing the employees. The court found that the proposed changes were necessary to improve operational efficiency and were reasonable and fair to the employees. The Commission determined that the changes would not cause any undue hardship to the employees and were consistent with the principles of the Fair Work Act. The application was therefore approved, allowing the company to implement the changes as proposed.

The final orders of the court included the approval of the variation to the collective agreement, allowing ThyssenKrupp Elevator Australia to implement the proposed changes. The court also directed the parties to provide regular updates on the implementation of the changes and to continue to engage in good faith negotiations regarding the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established