KAEFER Integrated Services Pty Ltd

[2020] FWCA 3810

[2020] FWCA 3810

FAIR WORK COMMISSION

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

<AE508553  PR721145>

Annexure A: