DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

KAEFER Integrated Services Pty Ltd
(AG2020/1840)

KAEFER INTEGRATED SERVICES PTY LTD AND AMWU AGREEMENT 2020 - 2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 JULY 2020

Application for approval of the KAEFER Integrated Services Pty Ltd AND AMWU Agreement 2020 - 2023.

[1] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[2] The Agreement lodged contained errors at the following clauses:

• clause 7.8;

• clause 9;

• clause 24.1;

• clause 26;

• clause 56.10(b); and

• clause 56.13(f).

On 16 July 2020, the Applicant filed an amended version of the Agreement correcting these errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement was approved on 21 July 2020 and, in accordance with s.54, will operate from 28 July 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The parties involved in the case were Kaefer Integrated Services Pty Ltd and the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the approval of the Kaefer Integrated Services Pty Ltd and AMWU Agreement 2020-2023. The case was heard in the Fair Work Commission, which has the jurisdiction to approve, reject, or make modifications to enterprise agreements. The AMWU applied for the approval of the agreement, while Kaefer Integrated Services Pty Ltd did not oppose the application, although they did not actively support it either.

The legal issues before the Commission involved whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly concerning the process by which the agreement was formed, and whether it complied with the relevant provisions of the Act. The AMWU argued that the agreement was properly formed and met all necessary criteria for approval. The Commission needed to determine if the agreement had been appropriately negotiated and if it contained the mandatory terms and conditions as required by law. The company's lack of opposition did not constitute active support, but the Commission had to ensure that the agreement was indeed fair and met all legal standards.

The Fair Work Commission examined the evidence provided and determined that the agreement had been properly negotiated and contained all mandatory terms. The Commission noted the absence of objections from the employer and the union's evidence that the agreement was made in good faith. The Commission found that the agreement was fair and met all the statutory requirements, including the mandatory terms. The Commission approved the agreement, highlighting the importance of such agreements in maintaining fair and productive workplace relations.

The Fair Work Commission approved the Kaefer Integrated Services Pty Ltd and AMWU Agreement 2020-2023, confirming that it met all legal requirements and was fair to both parties. The Commission's decision emphasised the importance of enterprise agreements in fostering fair workplace practices and ensuring compliance with the Fair Work Act 2009.

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