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austlii:cth/FWCA/2026/122
General information, not legal advice.
FWCA
2026-01-27
Commissioner P
Original judgment source is linked above.
s.185 - Enterprise agreement
SCHINDLER LIFTS AUSTRALIA PTY LTD (ACT BRANCH) ENTERPRISE AGREEMENT 2025-2028
Application for approval of the Schindler Lifts Australia Pty Ltd (ACT Branch) Enterprise Agreement 2025-2028
[1] Schindler Lifts Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd (ACT Branch) Enterprise Agreement 2025-2028 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
[2] 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.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
[4] The Agreement does not contain a flexibility term that meets the requirements of the FW Act. Employees were asked to vote to approve the agreement after 26 February 2025. Thus, pursuant to s.202(4) and Clause 107 of Schedule 1 of the FW Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
[5] 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 FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note that the Agreement covers the CEPU.
[6] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 3 February 2026. The nominal expiry date of the Agreement is 27 January 2029.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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