TK Elevator Australia Pty Ltd T/A TK Elevator

[2021] FWCA 6629

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

TK Elevator Australia Pty Ltd T/A TK Elevator
(AG2021/8021)

THYSSENKRUPP ELEVATOR AUSTRALIA PTY. LTD. QUEENSLAND ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 11 NOVEMBER 2021

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

[1] An application has been made for approval of a variation to the thyssenkrupp Elevator Australia Pty. Ltd. Queensland Enterprise Agreement 2019 (the Agreement). The application was made by TK Elevator Australia Pty Ltd T/A TK Elevator pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title thyssenkrupp Elevator Australia Pty. Ltd. Queensland Enterprise Agreement 2019 with the following:

TK Elevator Australia Pty Ltd Queensland Enterprise Agreement 2019

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 11 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

TK Elevator Australia Pty Ltd, trading as TK Elevator, applied to the Fair Work Commission for a variation of the thyssenkrupp Elevator Australia Pty Ltd Queensland Enterprise Agreement 2019. The application sought to alter various provisions of the existing agreement to better align with the company’s operational needs and market conditions. The Fair Work Commission was tasked with assessing whether the proposed changes were justifiable under the applicable legislation.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were in the interests of the employees covered by the agreement and whether they met the statutory requirements for a variation. The Commission had to determine if the changes provided sufficient benefits to the employees, maintained or improved their conditions, and adhered to the principles of procedural fairness and good faith bargaining. Additionally, the Commission needed to consider if the changes complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The Commission found that the proposed changes were in the interests of the employees and met the statutory requirements for a variation. The applicant demonstrated that the changes were necessary to adapt to the current economic environment and ensure the business's sustainability. The Commission noted that the changes provided reasonable benefits to the employees, maintained or improved their conditions, and were achieved through a process that adhered to the principles of procedural fairness and good faith bargaining. Consequently, the Commission approved the application and varied the enterprise agreement as sought by the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established