ThyssenKrupp Elevator Australia Pty Ltd

[2013] FWCA 2719

FAIR WORK COMMISSION

DECISION

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

ThyssenKrupp Elevator Australia Pty Ltd
(AG2013/6182)

THYSSENKRUPP ELEVATOR AUSTRALIA - AUSTRALIAN CAPITAL TERRITORY CONSTRUCTION AND SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 3 MAY 2013

Application for approval of the ThyssenKrupp Elevator Australia -Australian Capital Territory Construction and Service Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ThyssenKrupp Elevator Australia - Australian Capital Territory Construction and Service Employees Enterprise Agreement 2013 (the Agreement). The application was made by ThyssenKrupp Elevator Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 10 May 2013. The nominal expiry date of the Agreement is 10 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, ThyssenKrupp Elevator Australia Pty Ltd, the applicant, sought approval for the ThyssenKrupp Elevator Australia - Australian Capital Territory Construction and Service Employees Enterprise Agreement 2013. The dispute involved whether the agreement met the requirements of the Fair Work Act 2009, including that it be free from any unfair content, and if it appropriately covered the relevant employees and employers.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and if it contained any provisions that were contrary to the principles of procedural fairness or were otherwise unfair. This included scrutiny of whether any of the terms disadvantaged particular groups of employees or breached any relevant industrial awards or safety standards.

The Commission determined that the agreement was genuinely negotiated and did not contain any unfair content. The terms of the agreement were found to be reasonable and balanced, taking into account the interests of both the employer and the employees. The Commission also confirmed that the agreement appropriately covered the relevant employees and employers, and was consistent with the relevant industrial awards and safety standards.

As a result, the Commission approved the agreement under section 231 of the Fair Work Act 2009. The agreement will now be registered and will operate as a registered agreement from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established