Karridale Group

[2016] FWCA 413

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Karridale Group
(AG2016/2125)
KARRIDALE GROUP ENTERPRISE AGREEMENT 2015
Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 JANUARY 2016

Application for approval of the Karridale Group Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Karridale Group Enterprise Agreement 2015 (the Agreement). The application was made

pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Karridale Group.

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 was approved on 21 January 2016 and, in accordance with s.54, will

operate from 28 January 2016. The nominal expiry date of the Agreement is 21 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application by Karridale Group for the approval of the Karridale Group Enterprise Agreement 2015, the Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The Karridale Group sought to have the agreement approved to formalise the terms and conditions of employment for its employees within the building, metal, and civil construction industries. The Commission was required to assess the agreement's compliance with the Act, including whether it had been negotiated in good faith, contained only matters that could be appropriately dealt with in an enterprise agreement, and was free from any matters that would have the effect of undermining the operation of the safety net provided by the National Employment Standards.

The primary legal issue the FWC had to resolve was whether the Karridale Group Enterprise Agreement 2015 complied with the statutory requirements outlined in sections 186, 187, and 188 of the Fair Work Act 2009. These sections pertain to the negotiation of the agreement in good faith, the content of the agreement, and its conformity with the Act. The FWC was also required to consider whether the agreement met the criteria for approval under section 185 of the Act. This involved verifying that the agreement had been negotiated with appropriate representatives and that it contained no unlawful content.

After examining the application and the agreement, Commissioner Roe concluded that all necessary requirements for approval had been satisfied. The agreement had been negotiated in good faith, contained appropriate matters, and was free from any provisions that would undermine the safety net. Consequently, the FWC approved the Karridale Group Enterprise Agreement 2015. The agreement was set to commence on 28 January 2016 and would remain in effect until 21 January 2020, subject to the terms of the agreement and any applicable laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established