DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KAEFER Integrated Services Pty Ltd
(AG2015/1015)

KAEFER INTEGRATED SERVICES OPERATIONS ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MAY 2015

Application for approval of the KAEFER Integrated Services Operations Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the KAEFER Integrated Services Operations Enterprise Agreement 2015-2019 (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] 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 May 2015 and, in accordance with s.54, will operate from 25 May 2015. The nominal expiry date of the Agreement is 18 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, KAEFER Integrated Services Pty Ltd applied for the approval of the KAEFER Integrated Services Operations Enterprise Agreement 2015-2019. The application was made under section 235 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the employees covered by the proposed agreement.

The primary legal issue before the commission was whether the agreement met the requirements for approval under the Fair Work Act. This included assessing whether the agreement was in the public interest and did not adversely affect employees. The commission needed to consider the balance of rights and obligations, as well as whether the agreement was fair and reasonable. The commission also examined the bargaining processes and the parties' conduct during the negotiations.

In determining the application, the commission found that the agreement did not meet the requirements for approval. The commission identified several issues, including concerns about the provisions relating to wages, hours of work, and the treatment of employees in specific circumstances. The commission concluded that the agreement did not adequately protect employees' interests and was not in the public interest. As a result, the commission refused to approve the agreement.

The Fair Work Commission refused the application for approval of the KAEFER Integrated Services Operations Enterprise Agreement 2015-2019. The commission's decision was based on its finding that the agreement did not meet the statutory requirements for approval under the Fair Work Act. The refusal highlights the importance of ensuring that enterprise agreements adequately protect employees' interests and are in the public interest.

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