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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ThyssenKrupp Elevator Australia Pty Limited applied to the Fair Work Commission for approval of the ThyssenKrupp Elevator Australia - Australian Capital Territory Construction and Service Employees Enterprise Agreement 2016. The application followed a series of negotiations between the employer and the union, the Construction, Forestry, Maritime, Mining and Energy Union. The union sought to secure improved terms and conditions for its members employed by the company. The Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission included whether the agreement was genuinely bargained, free from any improper influences, and whether it complied with the various procedural and substantive requirements set out in the Act. Specifically, the Commission needed to assess if the union had genuinely represented the employees in the bargaining process and if the agreement contained all the mandatory terms and conditions as required by law. Additionally, the Commission examined whether the agreement unfairly disadvantaged any employee or if it included any term that was contrary to public policy.

After careful consideration of the evidence and submissions from both parties, the Commission found that the agreement was genuinely bargained and met all the necessary statutory requirements. The Commission determined that the union had properly represented the employees during the negotiation process, and the agreement contained all the mandatory terms and conditions. The Commission was satisfied that the agreement did not unfairly disadvantage any employee and did not include any term contrary to public policy. Consequently, the Commission approved the proposed enterprise agreement.

The final orders of the Commission included the approval of the ThyssenKrupp Elevator Australia - Australian Capital Territory Construction and Service Employees Enterprise Agreement 2016, which would now be applicable to the employees covered by the agreement. This decision provided certainty to both the employer and the employees, ensuring that the terms and conditions of employment were fairly negotiated and legally compliant.

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