DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KAEFER Integrated Services Pty Ltd
(AG2020/2372)

KAEFER INTEGRATED SERVICES PTY LTD SYNERGY POWER STATION MAINTENANCE OPERATION ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 1 SEPTEMBER 2020

Application for approval of the KAEFER Integrated Services Pty Ltd Synergy Power Station Maintenance Operation Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the KAEFER Integrated Services Pty Ltd Synergy Power Station Maintenance Operation Enterprise Agreement 2020 (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 Agreement is a single-enterprise agreement.

[2] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2020. The nominal expiry date of the Agreement is 31 December 2023.

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by KAEFER Integrated Services Pty Ltd for the approval of the KAEFER Integrated Services Pty Ltd Synergy Power Station Maintenance Operation Enterprise Agreement 2020. The dispute centred around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009, specifically ensuring that it provided for fair and reasonable terms and conditions for employees.

The primary legal issue was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This involved assessing whether the agreement had been made genuinely in the course of promoting or facilitating industrial or employer-employee relations, whether it contained genuine terms of a kind that could be expected to be contained in an enterprise agreement, and whether it was in the public interest to approve the agreement. The court also needed to consider whether the agreement met the statutory obligations concerning minimum entitlements and whether any provisions were inconsistent with the National Employment Standards.

In delivering its decision, the Fair Work Commission examined the evidence and submissions provided by both parties. The Commission found that the agreement was made in good faith and was genuinely aimed at promoting or facilitating industrial or employer-employee relations. It determined that the terms of the agreement were fair and reasonable, and they did not contain any provisions that were inconsistent with the National Employment Standards or other relevant legislative requirements. The Commission concluded that approving the agreement would be in the public interest, as it provided for fair terms and conditions for employees while also considering the operational needs of the employer. Consequently, the Commission approved the KAEFER Integrated Services Pty Ltd Synergy Power Station Maintenance Operation Enterprise Agreement 2020.

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