TK Elevator Australia Pty Ltd T/A TK Elevator Australia Pty Ltd

[2022] FWCA 1420

[2022] FWCA 1420

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

TK Elevator Australia Pty Ltd T/A TK Elevator Australia Pty Ltd

(AG2022/1117)

TK Elevator Australia Perth Service & Modernisation/Installation Enterprise Agreement 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MOLTONI	BRISBANE, 27 APRIL 2022

Application for approval of the TK Elevator Australia Perth Service & Modernisation/Installation Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the TK Elevator Australia Perth Service & Modernisation/Installation Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TK Elevator Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) distributed to employees appears to contain the name of the previous Agreement in error. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. Noting clause 3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of Agreement is 30 June 2025.

DEPUTY PRESIDENT

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