DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K4Cons Pty Ltd T/A K4 Constructions
(AG2020/3559)

K4CONS PTY LTD ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 21 DECEMBER 2020

Application for approval of the K4Cons Pty Ltd Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the K4Cons Pty Ltd Enterprise Agreement 2020-2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by K4Cons Pty Ltd T/A K4 Constructions (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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. 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 as are relevant to this application for approval have been met.

[4] The Agreement is approved and in accordance with s 54 of the Act will operate from 28 December 2020. The nominal expiry date of the Agreement is 21 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by K4Cons Pty Ltd, trading as K4 Constructions, for the approval of the K4Cons Pty Ltd Enterprise Agreement 2020-2024. The applicant sought to have the agreement, which aimed to govern the terms and conditions of employment for its employees, formally recognised and enforced as a legally binding enterprise agreement.

The legal issues at the heart of the case revolved around the compliance of the proposed agreement with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement had been made in accordance with the relevant provisions of the Act, including whether it was a genuine enterprise agreement, free from any improper influences or coercion. Additionally, the Commission needed to ensure that the agreement complied with the provisions concerning minimum entitlements and that it did not unfairly discriminate against any class of employees.

In reaching its decision, the Commission examined the process by which the agreement was negotiated and the manner in which it was presented to the employees for approval. The evidence demonstrated that the agreement had been negotiated in good faith between the applicant and the relevant employee representatives. The Commission also found that the agreement was free from any improper influences or coercion and that it had been properly presented to the employees for their consideration and vote. Furthermore, the Commission determined that the agreement complied with the minimum entitlements prescribed by the Fair Work Act and did not unfairly discriminate against any class of employees. Consequently, the Commission approved the K4Cons Pty Ltd Enterprise Agreement 2020-2024, finding it to be a genuine enterprise agreement that met all the statutory requirements.

As a result of the Commission's decision, the K4Cons Pty Ltd Enterprise Agreement 2020-2024 was formally approved and became a legally binding enterprise agreement between K4Cons Pty Ltd and its employees, effective from the date of the Commission's decision. This approval ensures that the terms and conditions of employment set out in the agreement are enforceable and provide a clear framework for the relationship between the employer and its employees.

K4Cons Pty Ltd T/A K4 Constructions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established