Thyssenkrupp Elevator Australia Pty Ltd

[2020] FWCA 1263

[2020] FWCA 1263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thyssenkrupp Elevator Australia Pty Ltd
(AG2020/421)

THYSSENKRUPP ELEVATOR AUSTRALIA - AUSTRALIAN CAPITAL TERRITORY CONSTRUCTION AND SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 10 MARCH 2020

Application for approval of the Thyssenkrupp Elevator Australia - Australian Capital Territory Construction and Service Employees Enterprise Agreement 2019.

[1] Thyssenkrupp Elevator Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Thyssenkrupp Elevator Australia - Australian Capital Territory Construction and Service Employees Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] 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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 March 2020 and, in accordance with s 54, will operate from 17 March 2020. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

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