DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Thyssenkrupp Elevator Australia Pty Ltd
(AG2015/2159)

THYSSENKRUPP ELEVATOR AUSTRALIA PERTH SERVICE & MODERNISATION/INSTALLATION ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 MARCH 2015

Application for approval of the ThyssenKrupp Elevator Australia Perth Service & Modernisation/Installation Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ThyssenKrupp Elevator Australia Perth Service & Modernisation Installation Enterprise Agreement 2013 (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 Ltd. The agreement is a single enterprise agreement.

[2] 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.205(2) of the Act, the model consultation 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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on and, in accordance with s.54, will operate from 2 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thyssenkrupp Elevator Australia Pty Ltd sought approval for the ThyssenKrupp Elevator Australia Perth Service & Modernisation/Installation Enterprise Agreement 2013. The Fair Work Commission was asked to determine if the agreement met the requirements of section 230 of the Fair Work Act 2009. The company argued that the agreement was necessary to modernise and improve service delivery, while the union opposed the agreement on the grounds that it was not in the best interests of the employees.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith. The Commission considered the bargaining process, the terms of the agreement, and the impact on the employees. The Commission also examined whether the agreement met the criteria for approval under the Fair Work Act.

The Fair Work Commission found that the agreement did meet the criteria for approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, and that it was made in good faith. The Commission noted that the agreement provided for a number of benefits for employees, including a pay rise and improved conditions. The Commission also found that the bargaining process was conducted in a reasonable manner.

The Commission approved the agreement, subject to certain modifications to ensure that it met the requirements of the Fair Work Act. The modifications included changes to the agreement's provisions on penalty rates and shift differentials. The company and the union were required to negotiate these changes within a specified timeframe. The Fair Work Commission's decision was based on a careful consideration of the evidence and the law, and it provides important guidance on the requirements for approving enterprise agreements.

Thyssenkrupp Elevator Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established