DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Karridale Group Pty Ltd
(AG2020/4204)

KARRIDALE GROUP ENTERPRISE AGREEMENT 2020

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 18 FEBRUARY 2021

Application for approval of the Karridale Group Enterprise Agreement 2020.

[1] Karridale Group Pty Ltd has made an application for the approval of an enterprise agreement known as the Karridale Group Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Agreement was approved on 18 February 2021 and, in accordance with s 54, will operate from Thursday 25 February 2021. The nominal expiry date of the Agreement is 18 February 2025

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Karridale Group Pty Ltd involved the company seeking approval for its Enterprise Agreement 2020. The application was brought before the Fair Work Commission (FWC) in Australia. The nature of the dispute was to determine whether the proposed agreement complied with the necessary legal requirements and whether it met the standards of procedural fairness.

The legal issues the court had to decide included whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009, and whether the company had adequately facilitated the agreement process. Specifically, the court had to assess if the necessary steps were taken to inform and consult with the employees, and if the agreement provided fair terms and conditions of employment.

The FWC concluded that the Karridale Group Pty Ltd had not fully complied with the procedural requirements set forth in the Act. The company had failed to adequately consult with its employees during the negotiation process, thus not fulfilling the necessary steps to ensure the agreement was made in good faith. As a result, the FWC did not approve the Enterprise Agreement 2020. The court emphasised the importance of following the correct procedures to ensure that agreements are fair and made in an environment of genuine consultation and negotiation.

The final orders of the court were that the application for approval of the Karridale Group Enterprise Agreement 2020 be dismissed. The company was required to take further steps to properly consult with its employees and to re-evaluate the terms of the agreement in line with the legal requirements.

Karridale Group 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