ThyssenKrupp Elevator Australia Pty Limited

[2015] FWCA 5918

[2015] FWCA 5918

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ThyssenKrupp Elevator Australia Pty Limited
(AG2015/4549)

ETU / AMWU THYSSENKRUPP ELEVATOR CONSTRUCTION & SERVICE EMPLOYEES UNION COLLECTIVE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 AUGUST 2015

Application for approval of the ETU / AMWU ThyssenKrupp Elevator Construction & Service Employees Union Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ETU / AMWU THYSSENKRUPP ELEVATOR Construction & Service Employees Union Collective 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 27 August 2015 and, in accordance with s.54, will operate from 3 September 2015. The nominal expiry date of the Agreement is 31 August 2018.

DEPUTY PRESIDENT

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ANNEXURE A