DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KAEFER Integrated Services Pty Ltd
(AG2016/3875)

KAEFER INTEGRATED SERVICES PTY LTD SYNERGY POWER STATION MAINTENANCE OPERATION ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 2 SEPTEMBER 2016

Application for approval of the KAEFER Integrated Services Pty Ltd Synergy Power Station Maintenance Operation Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the KAEFER Integrated Services Pty Ltd Synergy Power Station Maintenance Operation Enterprise Agreement 2016 - 2019 (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 Applicant 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. 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.

[4] The Agreement was approved on and, in accordance with s.54, will operate from 9 September 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

KAEFER Integrated Services Pty Ltd (the applicant) sought approval of the KAEFER Integrated Services Pty Ltd Synergy Power Station Maintenance Operation Enterprise Agreement 2016 - 2019 from the Fair Work Commission (the Commission). The applicant argued that the agreement was a genuine enterprise agreement within the meaning of section 230 of the Fair Work Act 2009. The applicant contended that the agreement was made between it and the employees, and that it covered terms and conditions of employment. The applicant claimed that the agreement was made in good faith and that it provided for an effective means of dispute resolution. The Fair Work Commission was required to determine whether the agreement was a genuine enterprise agreement and whether it complied with the requirements of the Fair Work Act. The Commission had to assess whether the agreement was made between the applicant and the employees, whether it covered terms and conditions of employment, and whether it was made in good faith. The Commission also had to consider whether the agreement provided for an effective means of dispute resolution.

The Commission found that the agreement was a genuine enterprise agreement and that it complied with the requirements of the Fair Work Act. The Commission was satisfied that the agreement was made between the applicant and the employees and that it covered terms and conditions of employment. The Commission found that the agreement was made in good faith and that it provided for an effective means of dispute resolution. The Commission approved the agreement as a certified agreement under section 173 of the Fair Work Act. The Commission found that the agreement was a genuine enterprise agreement and that it complied with the requirements of the Fair Work Act. The Commission was satisfied that the agreement was made between the applicant and the employees and that it covered terms and conditions of employment. The Commission found that the agreement was made in good faith and that it provided for an effective means of dispute resolution. The Commission approved the agreement as a certified agreement under section 173 of the Fair Work Act.

The Commission made an order approving the KAEFER Integrated Services Pty Ltd Synergy Power Station Maintenance Operation Enterprise Agreement 2016 - 2019 as a certified agreement. The applicant was granted leave to apply for the approval of the agreement. The Commission also ordered that the agreement be registered by the Fair Work Commission Registrar in accordance with section 174 of the Fair Work Act.

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