Kaefer Integrated Services Pty Ltd

Case

[2023] FWCA 2265

21 JULY 2023


[2023] FWCA 2265

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Kaefer Integrated Services Pty Ltd

(AG2023/2012)

KEC ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries

COMMISSIONER DURHAM

BRISBANE, 21 JULY 2023

Application for approval of the KEC Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the KEC Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings. 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.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. On 13 July 2023, the Applicant filed an amended version of the agreement as the agreement lodged contained a typographical error at clause 22.1, table A. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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