DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KAEFER Integrated Services Pty Ltd
(AG2018/4915)

KAE PTY LTD ENTERPRISE AGREEMENT 2018-2022

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 28 MAY 2019

Application for approval of the KAE Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the KAE Pty Ltd Enterprise Agreement 2018-2022 (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] 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.

[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 4 June 2019. The nominal expiry date of the Agreement is 3 June 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Kaefer Integrated Services Pty Ltd for the approval of the KAE Pty Ltd Enterprise Agreement 2018-2022. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) who raised concerns regarding the terms of the proposed agreement. The case was heard and determined by the Fair Work Commission, a tribunal with jurisdiction over employment-related disputes in Australia.

The primary legal issues that the Commission needed to address were whether the agreement met the requirements of the Fair Work Act 2009, including the provisions regarding the avoidance of unfair dismissals, the protection of employees' rights to fair work conditions, and the facilitation of constructive industrial relations. Additionally, the Commission had to consider whether the agreement adequately represented the interests of the employees, particularly those represented by the CFMEU, and whether the agreement complied with the statutory criteria for approval under the Act.

In its decision, the Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The Commission considered the submissions from both parties, the content of the agreement, and relevant legislative provisions. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, did not unjustifiably discriminate against employees, and was made in good faith. The Commission also found that the agreement did not unfairly disadvantage employees by, for instance, limiting their rights to fair work conditions or facilitating unfair dismissals. The Commission therefore approved the KAE Pty Ltd Enterprise Agreement 2018-2022, noting that it appropriately balanced the interests of both employers and employees.

The Commission's final orders included the approval of the KAE Pty Ltd Enterprise Agreement 2018-2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant employees for the duration specified in the agreement. The Commission also directed that the agreement be provided to all affected employees and that it be prominently displayed in the workplace, ensuring transparency and accessibility for all parties involved.

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