Thyssenkrupp Elevators Australia Pty Limited

[2020] FWCA 15

[2020] FWCA 15

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thyssenkrupp Elevators Australia Pty Limited
(AG2019/4371)

THYSSENKRUPP ELEVATOR AUSTRALIA PTY. LTD. QUEENSLAND ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 JANUARY 2020

Application for approval of the thyssenkrupp Elevator Australia Pty. Ltd. Queensland Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the thyssenkrupp Elevator Australia Pty. Ltd. Queensland Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thyssenkrupp Elevators Australia Pty Limited. 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] The Notice of Employee Representational Rights lodged with the Commission is not in the form required by section 174 of the Act. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] The Construction, Forestry, Maritime, Mining and Energy Union 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 is approved and, in accordance with s.54 of the Act, will operate from 10 January 2020. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

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