TK Elevator Australia Pty Ltd
[2023] FWCA 2625
•18 AUGUST 2023
| [2023] FWCA 2625 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
TK Elevator Australia Pty Ltd
(AG2023/2726)
TK ELEVATOR AUSTRALIA ADELAIDE SERVICE & MODERNISATION/INSTALLATION ENTERPRISE AGREEMENT 2023
| Building services | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 18 AUGUST 2023 |
Application for approval of the TK Elevator Australia Adelaide Service & Modernisation/Installation Enterprise Agreement 2023.
An application has been made for approval of an enterprise agreement known as the TK Elevator Australia Adelaide Service & Modernisation/Installation Enterprise Agreement 2023. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, TK Elevator Australia Pty Ltd. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was October 2022 and the Agreement was made on 27 July 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]
The employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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.
The Agreement was approved on 18 August 2023 and, in accordance with s.54 of the Act, will operate from 25 August 2023. The nominal expiry date of the Agreement is 31 December 2026.
DEPUTY PRESIDENT
Annexure A
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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