DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kapitol Pty Ltd
(AG2015/5176)

KAPITOL PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2015

Application for approval of the Kapitol Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Kapitol Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kapitol Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings to correct various typographical errors appearing in the consultation term. The undertaking does not affect the consultation term in the agreement. 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 26 October 2015 and, in accordance with s.54, will operate from 2 November 2015. The nominal expiry date of the Agreement is 26 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Kapitol Pty Ltd, an applicant, sought approval of an enterprise agreement from the Fair Work Commission. The enterprise agreement in question was the Kapitol Pty Ltd Enterprise Agreement 2015-2019, which was intended to govern the employment conditions of the company's employees. The application was made under the Fair Work Act 2009, and the dispute centred on whether the agreement met the requirements for registration under the legislation, particularly in terms of its compliance with the "better off overall test" and whether it provided for the appropriate protections and entitlements for employees.

The court was required to determine if the agreement provided for the employees to be "better off overall" than they would be under the applicable award or safety net award. This involved assessing whether the terms of the agreement provided adequate pay and conditions, including any provisions for minimum wages, penalty rates, leave entitlements, and other employment protections. The court also needed to consider if the agreement complied with the procedural requirements for registration and whether it was made in good faith.

In delivering its decision, the Fair Work Commission found that the Kapitol Pty Ltd Enterprise Agreement 2015-2019 did indeed meet the "better off overall" test. The commission determined that the agreement provided for adequate pay and conditions for employees, including appropriate minimum wage rates, penalty rates, and leave entitlements. The commission also confirmed that the agreement was made in good faith and complied with the necessary procedural requirements for registration. Consequently, the commission approved the application for the registration of the enterprise agreement.

The final orders of the commission were that the Kapitol Pty Ltd Enterprise Agreement 2015-2019 be approved and registered under the Fair Work Act 2009. This decision provided certainty to both the company and its employees regarding their employment conditions for the duration of the agreement.

Kapitol 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