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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thyssenkrupp Elevators Australia Pty Limited applied to the Fair Work Commission for approval of the thyssenkrupp Elevator Australia Pty. Ltd. Queensland Enterprise Agreement 2019. The applicant is an employer, and the respondents were trade unions representing its employees. The dispute centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it should be approved. The legal issues before the Commission were whether the agreement provided for the mandatory terms and conditions, whether it was free from prohibited content, and whether it met the "better off overall test" by ensuring employees were not worse off than they would be under the applicable awards.

The Fair Work Commission considered the provisions of the Fair Work Act 2009, the Fair Work (Registered Organisations) Act 2009, and the Fair Work Regulations 2009, as well as the evidence and submissions provided by the parties. The Commission found that the proposed agreement met the requirements of the Act and was free from prohibited content. The Commission also found that the agreement satisfied the better off overall test, as employees would not be worse off than they would be under the applicable awards. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees of the applicant.

Thyssenkrupp Elevators Australia Pty Limited was granted approval for the thyssenkrupp Elevator Australia Pty. Ltd. Queensland Enterprise Agreement 2019. The approved agreement will now apply to the employees of the applicant covered by the agreement. The approval ensures that the employees will receive fair and reasonable terms and conditions of employment as provided for in the agreement, while also complying with the relevant provisions of the Fair Work Act 2009 and other relevant legislation.

Thyssenkrupp Elevators Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established