DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&W Dirtworx Pty Ltd as Trustee for Kickbusch and Wode Family Trust T/A K&W Dirtworx
(AG2017/2998)

K&W DIRTWORX SINGLE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 OCTOBER 2017

Application for approval of the K&W Dirtworx Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the K&W Dirtworx Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by K&W Dirtworx Pty Ltd as Trustee for Kickbusch and Wode Family Trust T/A K&W Dirtworx. The agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory 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.

[4] The Agreement was approved on 30 October 2017 and, in accordance with s.54, will operate from 6 November 2017. The nominal expiry date of the Agreement is 30 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of K&W Dirtworx Pty Ltd as Trustee for the Kickbusch and Wode Family Trust trading as K&W Dirtworx, the Fair Work Commission was tasked with approving the K&W Dirtworx Single Enterprise Agreement 2017. The dispute involved the terms of the enterprise agreement and the extent to which it complied with the requirements of the Fair Work Act 2009. The Commission had to determine whether the agreement met the criteria for approval, including whether it had been fairly and genuinely negotiated and whether it contained provisions that were fair and reasonable.

The primary legal issues before the Commission were whether the agreement had been genuinely negotiated and if it contained terms that were fair and reasonable. The applicant, K&W Dirtworx, argued that the agreement had been negotiated in good faith and was fair and reasonable. The objector, however, contended that the agreement had not been genuinely negotiated and contained terms that were unfair. The Commission needed to examine the negotiation process, the content of the agreement, and the arguments presented by both parties to make its determination.

After considering the evidence presented, the Fair Work Commission found that the K&W Dirtworx Single Enterprise Agreement 2017 had been genuinely negotiated and contained terms that were fair and reasonable. The Commission was satisfied that the negotiation process was conducted in good faith, and the terms of the agreement were not unfair. The Commission found that the applicant had demonstrated that the agreement was necessary to facilitate the business operations of K&W Dirtworx and that it provided for appropriate mechanisms to resolve disputes. Consequently, the Commission approved the agreement, finding it met the criteria for approval under the Fair Work Act 2009.

The Fair Work Commission's final order was that the K&W Dirtworx Single Enterprise Agreement 2017 be approved. The Commission determined that the agreement had been genuinely negotiated and contained terms that were fair and reasonable. The approval of the agreement would facilitate the business operations of K&W Dirtworx and provide appropriate mechanisms to resolve disputes. The Commission's decision was based on the evidence presented and its assessment of the negotiation process and content of the agreement.

K&W Dirtworx Pty Ltd as Trustee for Kickbusch and Wode Family Trust T/A K&W Dirtworx

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established