DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KAEFER Integrated Services Pty Ltd
(AG2015/4314)

KAEFER INTEGRATED SERVICES TRONOX ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 AUGUST 2015

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

[1] An application has been made for approval of an enterprise agreement known as the KAEFER Integrated Services Tronox Enterprise Agreement 2015 - 2018 (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] 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, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 19 August 2015 and, in accordance with s.54, will operate from 26 August 2015. The nominal expiry date of the Agreement is 19 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kaefer Integrated Services Pty Ltd recently applied to the Fair Work Commission for approval of an enterprise agreement, the KAEFER Integrated Services Tronox Enterprise Agreement 2015 - 2018. The application was made under the Fair Work Act 2009, which mandates that a certified agreement must meet the "better off overall test" and not discriminate against employees on the basis of sex, marital status, or pregnancy. The parties involved were Kaefer Integrated Services Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the union representing the employees.

The primary legal issues the Fair Work Commission was required to decide related to whether the proposed enterprise agreement met the statutory requirements of the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement provided employees with a better overall package of terms and conditions than those provided by the relevant industrial instrument and if the agreement complied with the Act's prohibition on discriminatory terms. The Commission also needed to consider if the agreement was made in good faith and if the necessary procedural requirements were satisfied.

In its decision, the Fair Work Commission found that the proposed enterprise agreement did meet the "better off overall test" and did not contain any discriminatory terms. The Commission was satisfied that the agreement was made in good faith and that all procedural requirements were met. Consequently, the Commission approved the KAEFER Integrated Services Tronox Enterprise Agreement 2015 - 2018. The agreement will now govern the terms and conditions of employment for the employees covered by it, providing a legally binding framework for the employment relationship during the specified period.

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