ThyssenKrupp Elevator Australia Pty Limited

[2017] FWCA 1176

[2017] FWCA 1176

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ThyssenKrupp Elevator Australia Pty Limited
(AG2017/504)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 MARCH 2017

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

[1] An application has been made for approval of an enterprise agreement known as the ThyssenKrupp Elevator Australia - Australian Capital Territory Construction and Service Employees Enterprise Agreement 2016 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 1 March 2017 and, in accordance with s.54, will operate from 8 March 2017. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

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