KAEFER INTEGRATED SERVICES (PORT AUGUSTA) ENTERPRISE AGREEMENT 2014-2017 Summary

[2014] FWCA 4993

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

KAEFER Integrated Services Pty Ltd
(AG2014/1785)

KAEFER INTEGRATED SERVICES (PORT AUGUSTA) ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 24 JULY 2014

Application for approval of the KAEFER Integrated Services (Port Augusta) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the KAEFER Integrated Services (Port Augusta) Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KAEFER Integrated Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kaefer Integrated Services (Port Augusta) Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The applicant is an engineering contractor with operations in South Australia. The application for approval was made by the employer on 12 June 2014. The agreement sought to regulate the terms and conditions of employment of certain employees of the employer. The application was heard by the Commission on 18 June 2014. The Commission was required to decide whether the agreement met the criteria for approval under the Fair Work Act 2009 (Cth). In particular, the Commission had to be satisfied that the agreement was a "good faith" agreement, and that it contained the "prescribed terms" required by the Act.

In considering the application, the Commission noted that the agreement had been negotiated in good faith, and that the parties had made a genuine attempt to reach an agreement. The Commission was also satisfied that the agreement contained the prescribed terms required by the Act, including provisions for the classification of employees, their rates of pay, and other terms and conditions of employment. The Commission noted that the agreement provided for a range of protections for employees, including provisions for leave, termination of employment, and dispute resolution. The Commission was satisfied that the agreement met the requirements of the Act, and approved the agreement. The nominal expiry date of the agreement is 30 June 2017.

The Fair Work Commission approved the Kaefer Integrated Services (Port Augusta) Enterprise Agreement 2014-2017, finding that it met the requirements of the Fair Work Act 2009 (Cth). The agreement will operate from 1 August 2014, and will expire on 30 June 2017, unless earlier terminated in accordance with its provisions. The Commission found that the agreement was a genuine agreement negotiated in good faith, and contained the prescribed terms required by the Act. The Commission noted that the agreement provided for a range of protections for employees, and was in the best interests of the employees covered by the agreement.

KAEFER INTEGRATED SERVICES (PORT AUGUSTA) ENTERPRISE AGREEMENT 2014-2017

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established