KAEFER Integrated Services Pty Ltd Summary

[2014] FWCA 6749

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KAEFER Integrated Services Pty Ltd
(AG2014/7474)

KAEFER INTEGRATED SERVICES (HOPPERS CROSSING WORKSHOP) ENTERPRISE AGREEMENT 2014 - 2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 25 SEPTEMBER 2014

Application for approval of the KAEFER Integrated Services (Hoppers Crossing Workshop) Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the KAEFER Integrated Services (Hoppers Crossing Workshop) Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by KAEFER Integrated Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 2 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of an enterprise agreement between Kaefer Integrated Services Pty Ltd and its employees, specifically those working at the Hoppers Crossing Workshop, for the period 2014-2017. The application was made by the employer, and the dispute centred around whether the proposed agreement complied with the provisions of the Fair Work Act 2009.

The central legal issues the court had to resolve included whether the agreement adequately covered all the required terms as per the Act, whether it ensured fair and reasonable terms for the employees, and if the agreement was genuinely negotiated between the parties. Furthermore, the court had to determine whether the agreement met the requirements for independent assessment and approval, particularly in terms of its compliance with the "better-off-overall test."

The court examined the provisions of the proposed agreement in detail, considering the nature of the industry, the bargaining positions of the parties, and the terms agreed upon. It found that the agreement contained all the mandated terms as per the Fair Work Act, and it was reasonably detailed to cover all aspects of the employment relationship. The court also assessed the fairness of the terms, taking into account the economic conditions and the relative bargaining power of the parties. After evaluating the evidence and submissions, the court concluded that the agreement met the better-off-overall test and was genuinely negotiated. Therefore, the court approved the agreement under 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