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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thyssenkrupp Elevator Australia Pty Ltd, the respondent, sought approval of the Thyssenkrupp Elevator Australia - Australian Capital Territory Construction and Service Employees Enterprise Agreement 2019 (the Agreement) from the Fair Work Commission, which was appealed to the Federal Circuit and Family Court of Australia. The applicant, the Australian Building and Construction Commission, contested the approval of the Agreement on the basis that it did not comply with certain provisions of the Fair Work Act 2009. The dispute centred on the application of section 233 of the Act, which prohibits agreements that have the effect of undermining the operation of the Act.

The court was required to determine whether the Agreement contravened section 233 of the Fair Work Act 2009. Specifically, the court examined whether the Agreement undermined the operation of the Act by including provisions that were inconsistent with the Act's objectives. The court also considered whether the Agreement contained provisions that were unnecessary or redundant in light of the provisions of the Act.

The court found that the Agreement did not contravene section 233 of the Fair Work Act 2009. The court held that the Agreement did not undermine the operation of the Act and that its provisions were consistent with the Act's objectives. The court also found that the Agreement did not contain any unnecessary or redundant provisions. The court approved the Agreement, finding that it met the requirements of the Act.

The court approved the Thyssenkrupp Elevator Australia - Australian Capital Territory Construction and Service Employees Enterprise Agreement 2019. The court found that the Agreement did not contravene section 233 of the Fair Work Act 2009 and that it met the requirements of the Act. The Agreement was therefore approved and registered with the Fair Work Commission.

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