DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kaefer Integrated Services Pty Ltd
(AG2021/5183)

KAE GERALDTON BRANCH ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 MAY 2021

Application for approval of the KAE Geraldton Branch Enterprise Agreement 2021.

[1] Kaefer Integrated Services Pty Ltd has made an application for the approval of an enterprise agreement known as the KAE Geraldton Branch Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[4] The Agreement was approved on 20 May 2021and, in accordance with s 54, will operate from 27 May 2021. The nominal expiry date of the Agreement is 20 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kaefer Integrated Services Pty Ltd, represented by its chief executive officer, applied to the Fair Work Commission for the approval of the KAE Geraldton Branch Enterprise Agreement 2021. The application was opposed by the Electrical Trades Union of Australia, who contended that the agreement did not meet the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement was genuinely negotiated and if it contained the mandated minimum terms and conditions of employment. The dispute centred on the procedural fairness of the negotiation process and whether the agreement adequately covered all necessary terms.

The Commission found that the negotiation process was conducted in good faith and that the agreement met the statutory requirements. The Commission noted that the agreement included all the minimum terms and conditions stipulated by the Act. The opposition raised by the Electrical Trades Union of Australia did not demonstrate any procedural irregularities or substantive deficiencies in the agreement. Consequently, the Commission approved the KAE Geraldton Branch Enterprise Agreement 2021, finding it to be a valid and legally binding instrument.

The Fair Work Commission approved the KAE Geraldton Branch Enterprise Agreement 2021, dismissing the opposition by the Electrical Trades Union of Australia. The Commission's decision was based on the finding that the agreement was genuinely negotiated and contained all the necessary minimum terms and conditions as required by the Fair Work Act.

Kaefer Integrated Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established