TK Elevator Australia Pty Ltd T/A TK Elevator Australia
[2022] FWCA 2511
•26 JULY 2022
| [2022] FWCA 2511 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
TK Elevator Australia Pty Ltd T/A TK Elevator Australia
(AG2022/2199)
TK Elevator Australia NSW Collective Agreement 2022
| Building, metal and civil construction industries | |
| COMMISSIONER P RYAN | SYDNEY, 26 JULY 2022 |
Application for approval of the TK Elevator Australia NSW Collective Agreement 2022
TK Elevator Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the TK Elevator Australia NSW Collective Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.
Section 190 Undertakings
The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement
Sections 186, 187 and 188
Subject to the undertakings referred to above, 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.
Model Consultation Term
The Agreement does not contain a consultation term, as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Section 183 Bargaining representative
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), each being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.
In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU and the CEPU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2022. The nominal expiry date of the Agreement is 1 September 2024.
COMMISSIONER
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<AE516793 PR744198>
Annexure A
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