| [2023] FWCA 2265 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Kaefer Integrated Services Pty Ltd
(AG2023/2012)
KEC ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| COMMISSIONER DURHAM | BRISBANE, 21 JULY 2023 |
Application for approval of the KEC Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the KEC Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
On 13 July 2023, the Applicant filed an amended version of the agreement as the agreement lodged contained a typographical error at clause 22.1, table A. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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- AGLC
- Kaefer Integrated Services Pty Ltd [2023] FWCA 2265
- Case
- [2023] FWCA 2265
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission included whether the proposed agreement complied with the procedural requirements outlined in the Fair Work Act, and whether it met the substantive fairness test. The union argued that the agreement failed to adequately address several key terms and conditions of employment, and that the negotiation process was flawed, particularly in relation to the representation of the employees' interests. The Commission had to consider the evidence presented by both parties concerning the negotiation process and the contents of the agreement.
The Fair Work Commission examined the evidence and submissions from both parties and found that the negotiation process was generally compliant with the procedural requirements of the Fair Work Act. The Commission acknowledged the union's concerns about the representation of employees' interests but concluded that the overall process was fair and that the agreement reflected a genuine attempt to bargain in good faith. In terms of the substantive fairness of the agreement, the Commission considered various factors, including the provision of adequate benefits, protections, and the overall balance of rights and obligations. Ultimately, the Commission determined that the proposed agreement was fair and reasonable, and thus approved the application for the KEC Enterprise Agreement 2023 to be registered. This approval means that the agreement will now govern the employment conditions of the relevant employees as per the terms outlined in the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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