Kaefer Integrated Services Pty Ltd

[2013] FWCA 7528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kaefer Integrated Services Pty Ltd
(AG2013/2907)

KAEFER INTEGRATED SERVICES - AMWU - GORGON PROJECT - BARROW ISLAND GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 OCTOBER 2013

Application for approval of the Kaefer Integrated Services - AMWU - Gorgon Project - Barrow Island Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kaefer Integrated Services - AMWU - Gorgon Project - Barrow Island Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[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 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kaefer Integrated Services Pty Ltd sought approval for an agreement with the Australian Manufacturing Workers' Union regarding the Gorgon Project on Barrow Island. The application was made to the Fair Work Commission, which needed to decide if the agreement met the necessary standards and processes for approval. The central legal issues were whether the agreement was properly made, if the required consultation and negotiation processes were followed, and whether the agreement complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission examined the processes followed in the negotiation and execution of the agreement, assessing if the proper procedures were adhered to, including adequate consultation and good faith bargaining. The Commission also evaluated whether the agreement provided fair and reasonable terms and conditions for the employees involved. The court found that the agreement was made in compliance with the necessary legal standards, and that the process of negotiation and consultation was conducted appropriately. The Commission approved the agreement, finding that it met the required criteria and was fair and reasonable for the employees.

The Fair Work Commission approved the Kaefer Integrated Services - AMWU - Gorgon Project - Barrow Island Greenfields Agreement 2013. This decision confirmed that the agreement was validly made and that all necessary legal standards and processes were followed. The Commission's approval ensures that the terms of the agreement are enforceable and provide appropriate protections for the employees involved in the Gorgon Project on Barrow Island.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established