DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kappelle Pty Ltd
(AG2015/2379)

KAPPELLE PTY LTD ENTERPRISE AGREEMENT 2015-2018

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 24 APRIL 2015

Application for approval of the Kappelle Pty Ltd Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Kappelle Pty Ltd Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kappelle Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2015. The nominal expiry date of the Agreement is 30 June 2018

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Kappelle Pty Ltd applied for the approval of the Kappelle Pty Ltd Enterprise Agreement 2015-2018. The applicant, an employer, and the respondents, the trade unions representing the employees, entered into the agreement. The dispute centred on whether the agreement met the necessary legal standards for approval, including the requirement that it provide for fair and reasonable terms and conditions of employment. The Commission was tasked with determining whether the agreement adhered to the Fair Work Act 2009 and the principles of the Fair Work system.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, whether it met the requirements for independent assessment, and whether it complied with the relevant provisions of the Fair Work Act. The Commission considered whether the agreement satisfied the conditions for registration and approval under the Act, including whether it had been independently assessed and whether it provided for fair and reasonable terms and conditions of employment.

After examining the agreement and the submissions from both parties, the Commission concluded that the agreement met the necessary legal standards for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been independently assessed. The Commission also found that the agreement complied with the requirements of the Fair Work Act, including the provisions relating to independent assessment and the need for the agreement to promote simplification, certainty, and flexibility in the workplace.

Consequently, the Commission approved the Kappelle Pty Ltd Enterprise Agreement 2015-2018. The agreement was registered on the Register of Approved Agreements, and it became a legally binding enterprise agreement between the employer and the employees represented by the trade unions. The approval of the agreement provided certainty and stability to the workplace, and it ensured that the terms and conditions of employment were fair and reasonable.

Kappelle 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