DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KAEFER Integrated Services Pty Ltd
(AG2017/3694)

KIS AGL TORRENS ISLAND SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 16 OCTOBER 2017

Application for approval of the KIS AGL Torrens Island South Australian Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the KIS AGL Torrens Island South Australian Enterprise Agreement 2017-2021 (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.

[1] Subject to concerns that have been addressed by way of undertakings, 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.

[2] As noted, pursuant to s.190(3), I have accepted undertakings from KAEFER Integrated Services Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2017. The nominal expiry date of the Agreement is 23 October 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kaefer Integrated Services Pty Ltd applied to the Fair Work Commission for approval of the KIS AGL Torrens Island South Australian Enterprise Agreement 2017-2021. The applicants sought to have the agreement registered under the Fair Work Act 2009. The dispute arose from negotiations between the applicants and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represented the employees.

The key legal issues before the Fair Work Commission were whether the agreement complied with the statutory requirements for enterprise agreements, and whether it had been genuinely negotiated between the parties. The CFMEU argued that the agreement did not comply with the Act as it did not adequately protect employees' rights and entitlements. The applicants contended that the agreement was a genuine product of negotiations and met all statutory requirements.

The Fair Work Commission found that the agreement had been genuinely negotiated and complied with the relevant provisions of the Act. The Commission rejected the CFMEU's arguments that the agreement did not adequately protect employees' rights and entitlements. The Commission held that the agreement contained all the necessary provisions and met the statutory requirements for registration. Accordingly, the applicants' application for approval of the agreement was successful.

The Fair Work Commission approved the KIS AGL Torrens Island South Australian Enterprise Agreement 2017-2021 and registered it under the Fair Work Act 2009. The agreement is now a legally binding enterprise agreement between the applicants and the employees represented by the CFMEU.

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