DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ThyssenKrupp Elevator Australia Pty Limited
(AG2016/3214)

THYSSENKRUPP ELEVATOR AUSTRALIA PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 JULY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the ThyssenKrupp Elevator Australia Pty Ltd Queensland Enterprise Agreement 2015 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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 for the approval of the ThyssenKrupp Elevator Australia Pty Ltd Queensland Enterprise Agreement 2015. The dispute involved the terms and conditions of employment for workers employed under the agreement, which sought to be registered under the Fair Work Act 2009. The central issues for determination by the Commission were whether the agreement met the requirements for registration and if it complied with the provisions of the Fair Work Act, particularly regarding the appropriate process for resolving disputes.

The Commission examined whether the agreement had been made in good faith and whether it adhered to the procedural requirements outlined in the Fair Work Act. This included verifying that the agreement had been made free from coercion, undue influence, and had been properly balloted by the employees. Furthermore, the Commission considered if the agreement provided for a fair and reasonable resolution of disputes, in line with the provisions of the Act. The company argued that the agreement was made in good faith, while the union raised concerns about the process of balloting and the fairness of the dispute resolution mechanisms.

In its decision, the Commission found that the agreement did not meet the requirements for approval as it had not been made in good faith and failed to comply with the procedural standards of the Act. The Commission noted irregularities in the ballot process and concluded that the dispute resolution mechanisms were inadequate. Consequently, the application for approval of the agreement was dismissed. The Commission's decision was based on the evidence presented and its interpretation of the relevant statutory provisions.

The final orders of the Commission included the rejection of the application for the approval of the ThyssenKrupp Elevator Australia Pty Ltd Queensland Enterprise Agreement 2015, with the reasons for the dismissal detailed in the decision. The parties were directed to follow the lawful processes for resolving any employment disputes in accordance with the Fair Work Act.

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