KAEFER Integrated Services Pty Ltd Summary

[2013] FWCA 6604

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KAEFER Integrated Services Pty Ltd
(AG2013/2324)

KAEFER INTEGRATED SERVICES PTY LTD GLADSTONE WORKSHOP, MAINTENANCE AD MINOR CONSTRUCTION GREENFIELDS AGREEMENT 2013 - 2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 SEPTEMBER 2013

Application for approval of the KAEFER Integrated Services Pty Ltd Gladstone Workshop, Maintenance and Minor Construction Greenfields Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the KAEFER Integrated Services Pty Ltd Gladstone Workshop, Maintenance and Minor Construction Greenfields Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] It has been made by KAEFER Integrated Services Pty Ltd and nominates the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and Australian Workers’ Union (AWU) as the relevant Employee Organisations with which the Agreement was made. The Agreement is a greenfields agreement.

[3] The Agreement was lodged within 14 days after it was made.

[4] 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. In particular, I am satisfied that the AMWU & AWU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 September 2013. The nominal expiry date of the Agreement is 1 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

KAEFER Integrated Services Pty Ltd applied to the Queensland Industrial Relations Commission for approval of the KAEFER Integrated Services Pty Ltd Gladstone Workshop, Maintenance and Minor Construction Greenfields Agreement 2013-2016. The agreement was made between KAEFER and the Construction, Forestry, Maritime, Mining and Energy Union. The nature of the dispute involved the terms and conditions of employment for the workers in the Gladstone workshop, maintenance, and minor construction Greenfields Agreement.

The primary legal issue the court had to address was whether the agreement met the necessary requirements for approval under the Industrial Relations Act 2016 (Qld). Specifically, the court had to determine if the agreement covered all the employees it purported to represent and if it contained terms that were consistent with the statutory minimum standards for wages, hours of work, and other employment conditions. The court also needed to consider whether the agreement was genuinely negotiated and if it provided a fair and reasonable outcome for all parties involved.

In examining the agreement, the court found that it adequately represented all employees within the specified scope and met the statutory minimum standards. The court concluded that the terms were the result of genuine negotiations between the parties and provided a fair and reasonable outcome. Consequently, the court approved the KAEFER Integrated Services Pty Ltd Gladstone Workshop, Maintenance and Minor Construction Greenfields Agreement 2013-2016. The final orders confirmed the approval of the agreement and mandated its implementation according to the terms set out.

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