DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kama Access Floors Pty Ltd
(AG2021/82)

KAMA ACCESS FLOORS PTY. LTD. ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 15 FEBRUARY 2021

Application for approval of the Kama Access Floors Pty. Ltd. Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Kama Access Floors Pty. Ltd. 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 Kama Access Floors Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2021. The nominal expiry date of the Agreement is 15 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kama Access Floors Pty Ltd brought an application before the Fair Work Commission for the approval of an enterprise agreement. The enterprise agreement in question was made under section 173 of the Fair Work Act 2009. The application involved various stakeholders, including the company, the employees, and the union representing the employees. The dispute centred around the terms and conditions of employment outlined in the proposed agreement and whether these terms complied with the relevant provisions of the Fair Work Act.

The legal issues the court had to address included whether the enterprise agreement met the criteria for being a "simple" agreement, whether the agreement was "in good faith," and whether it adhered to the "better off overall test." The court also needed to determine if the agreement provided for a fair and equitable distribution of benefits and obligations among the parties involved. Additionally, the court considered whether the agreement complied with the "no disadvantage test," ensuring that the employees would not be worse off than under the applicable awards or other agreements.

In its reasoning, the court examined the evidence and submissions provided by the parties. The court found that the agreement was indeed a "simple" agreement as it did not involve complex bargaining or intricate terms. The court also determined that the agreement was made in good faith, as it reflected a genuine attempt by both the employer and the union to reach a mutually beneficial agreement. Regarding the "better off overall test," the court concluded that the agreement met this requirement, as it provided for a fair distribution of benefits and obligations. The court further found that the agreement complied with the "no disadvantage test," ensuring that employees were not worse off under the agreement than they would be under applicable awards or other agreements.

The final orders of the court were to approve the Kama Access Floors Pty Ltd Enterprise Agreement 2020, subject to certain conditions. The court stipulated that the agreement would come into effect on the date of the approval and would remain in force until the earlier of the agreement's expiry or termination in accordance with its terms. The court also ordered that any disputes arising from the agreement would be resolved through the Fair Work Commission or other relevant dispute resolution mechanisms.

Kama Access Floors 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