K4Cons Pty Ltd t/a K4Constructions

[2025] FWCA 1794

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

K4Cons Pty Ltd t/a K4Constructions

(AG2025/1490)

K4CONS PTY LTD ENTERPRISE AGREEMENT 2025-2029

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 28 MAY 2025

Application for approval of the K4Cons Pty Ltd Enterprise Agreement 2025-2029

An application has been made for approval of an enterprise agreement known as the K4Cons Pty Ltd Enterprise Agreement 2025-2029 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by K4Cons Pty Ltd t/a K4Constructions. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 4 June 2025. The nominal expiry date of the Agreement is 27 May 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

K4Cons Pty Ltd, trading as K4Constructions, sought approval for its Enterprise Agreement 2025-2029. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009. The Fair Work Commission heard the application. The primary legal issue was whether the enterprise agreement complied with the Act and the relevant regulations, specifically in terms of procedural fairness and substantive fairness. The Commission had to determine if the agreement was made in good faith, if it covered all the necessary aspects, and if the procedural requirements were adhered to.

The Commission examined the process through which the agreement was formed, considering the negotiations and the manner in which the agreement was presented to the employees. It assessed whether the agreement was fair and reasonable and if it met the criteria for minimal terms. The Commission also evaluated the evidence provided by both parties regarding the negotiation process and the terms of the agreement. Ultimately, the Commission concluded that the agreement was made in good faith, it covered all necessary aspects, and the procedural requirements were satisfactorily met.

As a result, the Fair Work Commission approved the K4Cons Pty Ltd Enterprise Agreement 2025-2029. The Commission found that the agreement met all the necessary legal requirements and was fair and reasonable for the employees. The Commission's decision was based on the evidence presented and its interpretation of the Fair Work Act 2009. The approval of the agreement means it will now be binding on the parties involved, and the terms will govern the employment conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established