DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ThyssenKrupp Elevator Australia Pty Limited
(AG2015/2310)

THYSSENKRUPP ELEVATOR (NSW) ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 14 APRIL 2015

Application for approval of the ThyssenKrupp Elevator (NSW) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the ThyssenKrupp Elevator (NSW) Enterprise Agreement 2014 (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 and 187 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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), I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 21 April 2015. The nominal expiry date of the Agreement is 14 September 2017.

SENIOR DEPUTY PRESIDENT

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 (NSW) Enterprise Agreement 2014. The matter was heard by the Commission in New South Wales, with the applicant represented by legal counsel and the relevant union also participating. The dispute centred on the terms of the proposed enterprise agreement and its compliance with the relevant legislative framework, specifically the Fair Work Act 2009. The key issues were whether the agreement met the requirements for good faith bargaining and whether it complied with the provisions of the Act regarding unfair dismissal and other employment conditions.

The Commission considered whether the agreement was made in good faith, as required by the Act. This involved examining the bargaining process and whether there was evidence of genuine attempts to reach an agreement. Additionally, the Commission assessed whether the terms of the agreement complied with the provisions of the Act, including provisions related to unfair dismissal and other employment conditions. The Commission also considered submissions from both parties regarding the fairness and reasonableness of the proposed terms.

After evaluating the evidence and submissions, the Commission concluded that the bargaining process was conducted in good faith, and the agreement met the legislative requirements. The Commission found that the proposed agreement complied with the Act and was fair and reasonable. Consequently, the Commission approved the ThyssenKrupp Elevator (NSW) Enterprise Agreement 2014. The decision was made on the basis that the agreement was fair and reasonable and met the necessary statutory requirements.

ThyssenKrupp Elevator Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established