DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KAEFER Integrated Services Pty Ltd
(AG2019/5035)

KAE PTY LTD MOOMBA ENTERPRISE AGREEMENT 2019-2023

Oil and gas industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 JANUARY 2020

Application for approval of the KAE Pty Ltd Moomba Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the KAE Pty Ltd Moomba Enterprise Agreement 2019-2023 (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 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 15 January 2020 and, in accordance with s.54, will operate from 22 January 2020. The nominal expiry date of the Agreement is 14 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, KAEFER Integrated Services Pty Ltd applied for the approval of the KAE Pty Ltd Moomba Enterprise Agreement 2019-2023. The applicant sought to have the agreement made an approved agreement under the Fair Work Act 2009. The application arose in the context of the applicant's operations at the Moomba gas plant in South Australia, where the proposed agreement was to govern the employment terms of the workforce.

The legal issues before the Commission included whether the agreement had been made in accordance with the statutory requirements, particularly whether it had been made without the influence of any improper conduct, coercion, or undue influence. The Commission also considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Fair Work Act. Additionally, the Commission assessed whether the process of making the agreement met the procedural fairness requirements.

The Fair Work Commission found that the agreement had been made without any improper influence, coercion, or undue pressure. The Commission concluded that the process of making the agreement was procedurally fair, and the terms and conditions of the agreement were fair and reasonable. The Commission noted that the agreement provided for appropriate safeguards and protections for the workforce, and it met the statutory requirements under the Fair Work Act. Consequently, the Commission approved the KAE Pty Ltd Moomba Enterprise Agreement 2019-2023 as an approved agreement. The approval was effective from the date of the decision, and the agreement was to remain in force until the end of the specified period.

KAEFER Integrated Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established