DECISION

Fair Work Act 2009
s.210—Enterprise agreement

KAEFER Integrated Services Pty Ltd
(AG2017/170)

KAEFER INTEGRATED SERVICES TRONOX ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 25 JANUARY 2017

Application for variation of the KAEFER Integrated Services Tronox Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of a variation of the KAEFER Integrated Services Tronox Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by KAEFER Integrated Services Pty Ltd. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The applicant, KAEFER Integrated Services Pty Ltd, sought a variation of the KAEFER Integrated Services Tronox Enterprise Agreement 2015 - 2018, before the Fair Work Commission. The dispute centred around the applicability of certain provisions in the agreement, specifically those relating to the calculation of overtime and the classification of employees. The applicant argued that changes in operational circumstances warranted a revision of the agreement to better align with current practices and industry standards.

The central legal issues revolved around whether the changes proposed by the applicant were justified under the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine whether the applicant had demonstrated that the proposed changes were necessary to address significant economic, social, or other changes impacting the parties, and whether the changes were consistent with the principles of good faith bargaining and procedural fairness.

In its decision, the Fair Work Commission found that the applicant had not sufficiently demonstrated that the proposed changes were necessary to address significant changes impacting the parties. The Commission held that the applicant had not provided adequate evidence to support the claim that the current agreement was no longer suitable in light of the operational changes. Furthermore, the Commission found that the proposed changes would disadvantage certain employees, which was inconsistent with the principles of good faith bargaining. Consequently, the application for variation was dismissed.

The Commission ordered that the existing KAEFER Integrated Services Tronox Enterprise Agreement 2015 - 2018 remain in effect, without the proposed variations. The applicant was directed to continue to abide by the terms of the existing agreement until it expires or is otherwise varied in accordance with the Fair Work Act 2009.

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