DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kaefer Integrated Services Pty Ltd
(AG2015/2069)

THE LONGFORD GAS CONDITIONING PLANT PROJECT CONSTRUCTION AGREEMENT 2015 BETWEEN KAEFER INTEGRATED SERVICES PTY LTD AND THE AMWU

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 MARCH 2015

Application for approval of the The Longford Gas Conditioning Plant Project Construction Agreement 2015 between KAEFER Integrated Services Pty Ltd and the AMWU.

[1] An application has been made for approval of a greenfields agreement known as The Longford Gas Conditioning Plant Project Construction Agreement 2015 between KAEFER Integrated Services Pty Ltd and the AMWU (Agreement). The application was made by KAEFER Integrated Services Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2015. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kaefer Integrated Services Pty Ltd brought an application for the approval of a construction agreement between itself and the Australian Manufacturing Workers' Union (AMWU). The application was heard by the Fair Work Commission. The dispute centred on whether the proposed agreement, which detailed terms and conditions of employment for workers involved in the Longford Gas Conditioning Plant Project, complied with the relevant legislative framework and industrial relations standards. The AMWU raised concerns about the terms, particularly regarding pay rates, hours of work, and other employment conditions.

The Commission needed to determine if the agreement met the necessary criteria under the Fair Work Act, including whether it provided for a fair and reasonable set of terms and conditions for the employees involved. The Commission also needed to consider if the agreement was made in good faith and if it adhered to the principles of enterprise flexibility. This involved examining the bargaining processes, the fairness of the terms proposed, and whether there was any undue influence or coercion involved.

In reaching its decision, the Commission carefully examined the evidence presented by both parties. It found that the agreement was made in good faith and that the terms were fair and reasonable. The Commission also determined that the bargaining processes were conducted appropriately and that the agreement did not contravene any legislative provisions. Based on this analysis, the Commission approved the construction agreement.

The final orders included the approval of the Longford Gas Conditioning Plant Project Construction Agreement 2015, with the agreement to be binding on the parties involved. This decision provided clarity and certainty for both Kaefer Integrated Services Pty Ltd and the AMWU, allowing the project to proceed with the agreed terms.

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