austlii:cth/FWCA/2025/2643
General information, not legal advice.
FWCA
2025-08-08
Commissioner P
Original judgment source is linked above.
[2025] FWCA 2643 [Note: a correction has been issued to this document]
s.185 - Enterprise agreement
TK ELEVATOR AUSTRALIA NSW COLLECTIVE AGREEMENT 2025
Application for approval of the TK Elevator Australia NSW Collective Agreement 2025
[1] TK Elevator Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the TK Elevator Australia NSW Collective Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
[2] 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. An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.
[3] 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.
[4] 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 are relevant to this application for approval has 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]
[5] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 15 August 2025. The nominal expiry date of the Agreement is 1 September 2027.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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