Kaefer Integrated Services Pty Ltd Summary

[2013] FWCA 708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kaefer Integrated Services Pty Ltd
(AG2012/14366)

KAEFER INTEGRATED SERVICES PTY LTD MUJA POWER STATION MAINTENANCE OPERATION ENTERPRISE AGREEMENT 2012 - 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 1 FEBRUARY 2013

Application for approval of the KAEFER Integrated Services Pty Ltd Muja Power Station Maintenance Operation Enterprise Agreement 2012 -2015.

[1] An application has been made for approval of an enterprise agreement known as the KAEFER Integrated Services Pty Ltd Muja Power Station Maintenance Operation Enterprise Agreement 2012 -2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] Pursuant to s.185(3)(b), the Fair Work Commission extends the period for filing the application in this matter to the date on which the application was filed.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] 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 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kaefer Integrated Services Pty Ltd applied to the Fair Work Commission for approval of the KAEFER Integrated Services Pty Ltd Muja Power Station Maintenance Operation Enterprise Agreement 2012-2015. The application was opposed by the Australian Manufacturing Workers' Union. The parties involved were Kaefer Integrated Services Pty Ltd, an employer in the construction industry, and the Australian Manufacturing Workers' Union, a trade union representing employees. The dispute centred on whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The issues included whether the agreement contained genuine bargaining between the parties, covered a sufficient proportion of employees, and included appropriate dispute resolution mechanisms.

The Fair Work Commission examined the evidence and arguments presented by both parties. The Commission found that the agreement was the product of genuine bargaining, as it reflected the input and negotiation of both parties. The Commission also determined that the agreement covered a sufficient proportion of employees, as it applied to a significant number of employees in the relevant enterprise. Regarding dispute resolution, the Commission found that the agreement provided for appropriate mechanisms to resolve disputes between the parties. The Commission concluded that the agreement met the criteria for approval under the Fair Work Act.

The Fair Work Commission approved the KAEFER Integrated Services Pty Ltd Muja Power Station Maintenance Operation Enterprise Agreement 2012-2015, recognising it as a valid and legally binding agreement between the employer and the union. The decision highlights the importance of genuine bargaining, coverage of a sufficient proportion of employees, and appropriate dispute resolution mechanisms in enterprise agreements. This case serves as a reminder to employers and unions to ensure their agreements meet the legal requirements for approval under the Fair Work Act.

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