KAEFER Integrated Services Pty Ltd

[2022] FWCA 1551

[2022] FWCA 1551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

KAEFER Integrated Services Pty Ltd

(AG2022/1304)

KIS AGL Torrens Island South Australian Enterprise Agreement 2022-2025

Industries not otherwise assigned
COMMISSIONER O'NEILL	MELBOURNE, 12 MAY 2022

Application for approval of the KIS AGL Torrens Island South Australian Enterprise Agreement 2022-2025

1. KAEFER Integrated Services Pty Ltd  has applied for approval of an enterprise agreement known as the KIS AGL Torrens Island South Australian Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 8.3 – Casual Employee;

·           Clause 8.7(c) – Termination of Employment;

·           Clause 8.8 – Abandonment of Employment;

·           Clause 11(i) – Annual Leave;

·           Clause 13.4 – Notification and Evidence Requirements; and

·           Clause 23 – Public Holidays.

1. However, noting the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

2. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2022. The nominal expiry date of the Agreement is 11 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE515914  PR741411>

Annexure A