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

[2021] FWCA 1205

[2021] FWCA 1205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TK Elevator Australia Pty Ltd T/A TK Elevator Australia Pty Ltd
(AG2021/284)

TK ELEVATOR AUSTRALIA NSW COLLECTIVE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 9 MARCH 2021

Application for approval of the TK Elevator Australia NSW Collective Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the TK Elevator Australia NSW Collective Agreement 2021 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by TK Elevator Australia Pty Ltd T/A TK Elevator Australia Pty Ltd (Employer). The agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (Notice) issued by the Employer identified the Agreement as the thyssenkrupp NSW Collective Agreement 2020. However, the amendment to the Agreement title after the issuance of the Notice did not alter the scope of the Agreement and was occasioned by a change to the Employer company name. Having regard to this matter and the submissions advanced by the Employer, I am satisfied that this constitutes a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I consider that the Agreement has been genuinely agreed to within the meaning of s 188(2) of the Act. 1

[3] 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. The undertaking is taken to be a term of the Agreement.

[4] Subject to the undertaking, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement lodged contained errors at pages 4 and 8. On 1 and 5 March 2021 respectively the Applicant filed an amended version of pages 4 and 8 of the Agreement correcting these errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s 586 of the Act.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 9 March 2021 and, in accordance with s 54 of the Act, will operate from 16 March 2021. The nominal expiry date of the Agreement is 16 March 2022.

DEPUTY PRESIDENT

Annexure A

 1   Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318

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