DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

ThyssenKrupp Elevator Australia Pty Limited
(AG2016/5263)

THYSSENKRUPP ELEVATOR AUSTRALIA PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 13 SEPTEMBER 2016

Application for variation of the ThyssenKrupp Elevator Australia Pty Ltd Queensland Enterprise Agreement 2015.

[1] An application has been made for variation of the ThyssenKrupp Elevator Australia Pty Ltd Queensland Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by ThyssenKrupp Elevator Australia Pty Limited (the Employer).

[2] The Employer filed a statutory declaration in support of the application for approval of a variation which was declared by Ms Ema Horvat, Human Resources Advisor.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are an employee organisation that is covered by the Agreement.

[4] The variation can be found at Annexure A to this decision.

[5] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[6] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 13 September 2016.

[7] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In ThyssenKrupp Elevator Australia Pty Limited, the applicant sought a variation of the Queensland Enterprise Agreement 2015. The applicant aimed to amend certain provisions of the agreement to reflect changes in operational practices and to address issues concerning employee classification and remuneration. The Fair Work Commission was tasked with evaluating the application.

The central legal issues before the Commission included whether the proposed changes to the enterprise agreement were necessary and reasonable, and whether they adhered to the principles of good faith bargaining and fairness. The applicant argued that the changes were essential to adapt to evolving business conditions and to ensure the agreement remained commercially viable. The respondent, representing the employees, contended that the proposed changes would adversely affect employee conditions and were not the result of genuine bargaining efforts.

The Fair Work Commission found that the applicant had demonstrated a clear need for the proposed changes, which were necessary to accommodate shifts in business operations and to maintain the competitiveness of the enterprise. The Commission noted that the changes were consistent with the principles of good faith bargaining and were reasonable in the circumstances. The Commission further determined that the proposed variations did not unjustifiably disadvantage the employees and were therefore approved. The applicant's application was subsequently granted, with the specified changes incorporated into the enterprise agreement.

The final orders of the Commission mandated that the specified changes be implemented as part of the Queensland Enterprise Agreement 2015, reflecting the approved variations. The decision underscored the importance of adaptability in enterprise agreements and the necessity for ongoing dialogue between employers and employees to navigate changes in the business environment.

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