Kaefer Integrated Services Pty Ltd

[2013] FWCA 2095

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kaefer Integrated Services Pty Ltd
(AG2013/774)

KAEFER INTEGRATED SERVICES PTY LTD BHPB IRON ORE GROWTH PROJECTS STAGE 1 AMWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 APRIL 2013

Application for the approval of the Kaefer Integrated Services Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Kaefer Integrated Services Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the 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 13 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kaefer Integrated Services Pty Ltd applied for the approval of a new enterprise agreement under the Fair Work Act 2009. The application was made in the Fair Work Commission, with the Australian Manufacturing Workers' Union and BHP Mitsubishi Alliance Iron Ore Pty Ltd as the other parties involved. The dispute centred on whether the proposed agreement met the requirements of the Act and whether it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The legal issues before the Commission included whether the agreement was genuinely an enterprise agreement, whether it complied with the provisions of the Fair Work Act, and whether it provided for fair and reasonable terms and conditions for the employees. The Commission also had to consider whether the agreement would have a detrimental effect on the employees and whether any detriments were justified.

In its decision, the Commission found that the proposed agreement was genuinely an enterprise agreement and that it complied with the provisions of the Fair Work Act. The Commission also found that the agreement provided for fair and reasonable terms and conditions for the employees and that any detriments to the employees were justified. The Commission approved the application and made an order approving the Kaefer Integrated Services Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established