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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

ThyssenKrupp Elevator Australia Pty Limited, the employer, and the ThyssenKrupp Elevator Construction & Service Employees Union, the union, sought approval of their 2015 collective agreement under section 231 of the Fair Work Act 2009. The Fair Work Commission heard the matter. The primary legal issues before the Commission were whether the terms of the agreement complied with the Fair Work Act and whether the agreement was in the public interest. Specifically, the Commission needed to determine if the agreement adequately covered the employees' working conditions, wages, and other employment terms, and if the agreement's provisions were consistent with the broader objectives of the Act, including promoting high standards of employment and maintaining a fair and efficient workplace.

The Commission examined the provisions of the agreement, considering the balance of rights and obligations between the employer and the union. It assessed whether the agreement provided for reasonable terms and conditions of employment and whether it allowed for flexibility in the workplace. The Commission also considered the views of the parties and any relevant public interest factors, such as the potential impact of the agreement on the industry and the economy. After thorough analysis, the Commission determined that the agreement met the legislative requirements and was in the public interest. The Commission found that the agreement provided fair and reasonable terms for the employees and was consistent with the broader objectives of the Fair Work Act.

Consequently, the Commission approved the collective agreement, finding that it provided for fair and reasonable terms and conditions of employment, and that it was in the public interest. The Commission's decision affirmed the agreement's validity and ensured that the parties' rights and obligations were properly balanced. This approval facilitated a stable and productive working environment, aligning with the objectives of 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