DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kalow Holdings Pty Ltd
(AG2016/6135)

KALOW HOLDINGS ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 31 OCTOBER 2016

Application for approval of the Kalow Holdings Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Kalow Holdings Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kalow Holdings Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 31 October 2016 and, in accordance with s.54, will operate from 7 November 2016. The nominal expiry date of the Agreement is 30 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, Kalow Holdings Pty Ltd applied for the approval of the Kalow Holdings Enterprise Agreement. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant sought to have the agreement recognised as a registered agreement, which would allow it to bind both the employer and the employees without the need for individual employees to formally agree to its terms. The legal issues the court needed to decide included whether the agreement had been made in good faith, whether it contained the minimum terms and conditions as required by the Act, and if it had been properly certified by the Fair Work Commission.

The court examined the process through which the agreement was made and the content of the agreement itself. It considered whether there was evidence of genuine negotiation between the parties and if the agreement contained all the mandatory minimum terms and conditions stipulated by the Fair Work Act. Additionally, the court looked at the certification process and whether the Fair Work Commission had correctly assessed that the agreement met the criteria for registration. After careful consideration of the evidence and arguments presented, the court found that the agreement had been made in good faith and contained all the necessary minimum terms and conditions. The court also confirmed that the Fair Work Commission had properly certified the agreement.

As a result, the Federal Court granted the application and approved the Kalow Holdings Enterprise Agreement as a registered agreement. This decision meant that the agreement would now bind both the employer and the employees, providing legal certainty and stability in the employment relationship. The approval facilitated a streamlined process for implementing the agreement's terms without the need for individual employee consent.

Kalow Holdings 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