KAEFER Integrated Services Pty Ltd Summary

[2014] FWCA 8530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KAEFER Integrated Services Pty Ltd
(AG2014/7142)

KAEFER INTEGRATED SERVICES OPERATIONS ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 NOVEMBER 2014

Application for approval of the KAEFER Integrated Services Operations Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the KAEFER Integrated Services Operations Enterprise Agreement 2014-2018 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 27 November 2014 and, in accordance with s.54, will operate from 4 December 2014. The nominal expiry date of the Agreement is 26 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

KAEFER Integrated Services Pty Ltd applied to the Fair Work Commission for approval of the KAEFER Integrated Services Operations Enterprise Agreement 2014-2018. The application was made under section 232 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the employees of KAEFER, an engineering and construction company. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Act, including whether it provided for the fair and reasonable terms of employment.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms of employment, whether it met the criteria for simplification and clarity, and whether it complied with the relevant provisions of the Fair Work Act. The Commission also needed to consider whether the agreement met the requirements for coverage, which included whether it applied to a group of employees that could be described with sufficient precision.

The Commission found that the agreement provided for fair and reasonable terms of employment, and that it met the criteria for simplification and clarity. The agreement also complied with the relevant provisions of the Fair Work Act, including the requirement for coverage. The Commission approved the agreement, finding that it met all the necessary requirements for approval under the Act. The decision was made on the basis that the agreement provided for fair and reasonable terms of employment and met the criteria for simplification and clarity.

The Fair Work Commission approved the KAEFER Integrated Services Operations Enterprise Agreement 2014-2018. The Commission found that the agreement met all the necessary requirements for approval under the Fair Work Act, and that it provided for fair and reasonable terms of employment. The Commission also found that the agreement met the criteria for simplification and clarity, and that it complied with the relevant provisions of the Act. The approval of the agreement was based on the findings that it provided for fair and reasonable terms of employment, met the criteria for simplification and clarity, and complied with the relevant provisions of the Act.

KAEFER Integrated Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established