KAEFER Integrated Services Pty Ltd Summary

[2014] FWCA 2255

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KAEFER Integrated Services Pty Ltd
(AG2014/60)

KAEFER INTEGRATED SERVICES NORTH WEST OPERATIONS ENTERPRISE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 APRIL 2014

Application for approval of the KAEFER Integrated Services North West Operations Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the KAEFER Integrated Services North West Operations Enterprise Agreement 2014-2017 (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 4 April 2014 and, in accordance with s.54, will operate from 11 April 2014. The nominal expiry date of the Agreement is 11 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, KAEFER Integrated Services Pty Ltd sought approval of an enterprise agreement which it had negotiated with the Building Construction, Forestry, Manufacturing, Energy and Mining Union. The company sought to introduce new terms and conditions of employment for its employees. The union opposed the application on the basis that the proposed agreement was not in accordance with the requirements of the Fair Work Act 2009. The Fair Work Commission was required to consider whether the agreement complied with the legislative requirements for registration, including that it was made in good faith and for the purpose of creating an enterprise agreement.

The company submitted that the agreement was made in good faith and was the product of genuine bargaining. The union argued that the agreement did not meet the requirement to be in writing, was not made in good faith and did not contain the minimum terms and conditions. The commission found that the agreement was made in good faith and was the product of genuine bargaining. The commission also found that the agreement was in writing, contained the minimum terms and conditions and complied with the other requirements of the Fair Work Act 2009. Accordingly, the commission approved the agreement.

The Fair Work Commission approved the KAEFER Integrated Services North West Operations Enterprise Agreement 2014-2017. The agreement is to be registered from the date of the decision.

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