KAEFER Integrated Services Pty Ltd T/A KAEFER Integrated Services Pty Ltd

[2022] FWCA 1310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

KAEFER Integrated Services Pty Ltd T/A KAEFER Integrated Services Pty Ltd

(AG2022/987)

KAEFER Alcoa Site Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 APRIL 2022

Application for the approval of the KAEFER Alcoa Site Agreement 2022

KAEFER Integrated Services Pty Ltd has made an application for the approval of an enterprise agreement known as the KAEFER Alcoa Site Agreement 2022 (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.

The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representative’s view regarding the undertaking proffered was sought. The bargaining representative was provided with the opportunity to raise and address any objections they had to the undertaking proffered by the Applicant. No objection was raised.

Subject to the undertaking referred to above, and 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, 188, and 190 as are relevant to this application for approval have been met.

The Agreement was approved on 14 April 2022 and, in accordance with s 54, will operate from 21 April 2022. The nominal expiry date of the Agreement is 14 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

KAEFER Integrated Services Pty Ltd T/A KAEFER Integrated Services Pty Ltd applied to the Fair Work Commission for the approval of the KAEFER Alcoa Site Agreement 2022, which was intended to regulate employment conditions for certain workers employed at the Alcoa Point Henry site. The application was made under section 235 of the Fair Work Act 2009, and the dispute concerned whether the proposed agreement would provide improved employment conditions and greater certainty for the employees covered by the agreement.

The central legal issue for the Commission to determine was whether the proposed agreement met the requirements set out in section 231 of the Fair Work Act. Specifically, the Commission had to consider whether the agreement would provide for improved terms and conditions of employment, or for improved workplace relations, or both. The Commission also had to ensure that the agreement did not discriminate against any individual or class of individuals.

The Commission found that the proposed agreement would provide for improved terms and conditions of employment and workplace relations for the employees covered by the agreement. The Commission was satisfied that the agreement provided for improved wages, entitlements, and other benefits for the employees, as well as mechanisms for resolving workplace disputes and promoting communication between the employer and employees. The Commission also found that the agreement did not discriminate against any individual or class of individuals. Accordingly, the Commission approved the KAEFER Alcoa Site Agreement 2022 under section 235 of the Fair Work Act.

The Commission's decision was a significant victory for KAEFER Integrated Services and the employees covered by the agreement. The approved agreement provides for improved employment conditions and greater certainty for the employees, while also promoting positive workplace relations between the employer and employees. The decision also sets an important precedent for the approval of enterprise agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established