KAEFER Integrated Services Pty Ltd

[2014] FWCA 2804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KAEFER Integrated Services Pty Ltd
(AG2014/813)

KAEFER INTEGRATED SERVICES (CSBP) ENTERPRISE AGREEMENT 2013- 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 30 APRIL 2014

Application for approval of the KAEFER Integrated Services (CSBP) Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the KAEFER Integrated Services (CSBP) Enterprise Agreement 2013 - 2016. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

KAEFER Integrated Services Pty Ltd applied to the Fair Work Commission for approval of the KAEFER Integrated Services (CSBP) Enterprise Agreement 2013 - 2016. The application was brought before the Fair Work Commission as the parties could not resolve the dispute through negotiation. The applicant, KAEFER Integrated Services Pty Ltd, sought approval for the agreement which was intended to govern the employment of its employees during the specified period.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly sections pertaining to the content and process for approving enterprise agreements. The Commission needed to consider if the agreement met the "better off overall test" and whether the process for reaching the agreement was procedurally fair.

The Fair Work Commission evaluated the agreement against the criteria set out in the Fair Work Act. It found that the agreement satisfied the "better off overall test" as it provided employees with terms and conditions that were not less favourable than the relevant awards or the general law. The Commission also considered the procedural fairness of the negotiation process, confirming that the agreement was made in good faith and without coercion. Consequently, the Commission approved the KAEFER Integrated Services (CSBP) Enterprise Agreement 2013 - 2016, finding it met the legal standards required for endorsement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established