DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kaefer Integrated Services Pty Ltd
(AG2015/5964)

KAEFER INTEGRATED SERVICES PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 NOVEMBER 2015

Application for approval of the Kaefer Integrated Services Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kaefer Integrated Services Pty Ltd Wheatstone Project Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kaefer Integrated Services Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 2 November 2015 and, in accordance with s.54, will operate from 9 November 2015. The nominal expiry date of the Agreement is 1 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kaefer Integrated Services Pty Ltd sought approval of a project agreement, the Wheatstone Project Agreement 2015, under the Fair Work (Registered Organisations) Act 2009. The applicant argued the agreement was suitable for registration and approval as it met the criteria set out in the Act. The respondent, a union, opposed the application on the basis that the agreement was not suitable for approval.

The central issue for the court was whether the Wheatstone Project Agreement 2015 met the requirements for approval under the Fair Work (Registered Organisations) Act 2009. This required an examination of the agreement's provisions to ensure it did not undermine the protection of employees' rights and interests. The court had to determine if the agreement adequately balanced the rights and interests of the parties involved.

The Federal Circuit Court found that the Wheatstone Project Agreement 2015 was suitable for approval. The agreement was considered to comply with the requirements of the Act, ensuring that it did not undermine the protection of employees' rights and interests. The court was satisfied that the agreement adequately balanced the rights and interests of the parties involved. Consequently, the application for approval was granted.

The court ordered that the Wheatstone Project Agreement 2015 be approved and registered under the Fair Work (Registered Organisations) Act 2009. The union's opposition to the application was dismissed, and the agreement was deemed suitable for the protection of employees' rights and interests.

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