Kazac Civil Pty Ltd Summary

[2017] FWCA 5868

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Kazac Civil Pty Ltd

(AG2017/3784)

Kazac Civil Pty Ltd Enterprise Agreement 2017 - 2020

Building, metal and civil construction industries
Deputy President Masson	MELBOURNE, 9 NOVEMBER 2017

Application for approval of the Kazac Civil Pty Ltd Enterprise Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the Kazac Civil Pty Ltd Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kazac Civil Pty Ltd . The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2017. The nominal expiry date of the Agreement is 8 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Kazac Civil Pty Ltd was the applicant seeking approval of an enterprise agreement. The respondent was the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was brought before the Fair Work Commission. The primary issue for the Commission to decide was whether the enterprise agreement in question met the statutory requirements under the Fair Work Act 2009, particularly whether it complied with the provisions relating to the protection of employees' rights and interests. A secondary issue was whether the agreement had been genuinely negotiated and whether the application satisfied the procedural requirements set out in the legislation.

The Commission carefully examined the provisions of the agreement to ensure it did not undermine the rights of employees. It also considered the negotiation process and whether it was conducted in good faith. The Commission found that the agreement met all statutory requirements and was genuinely negotiated. The application satisfied all procedural requirements, and therefore, the enterprise agreement was approved.

In light of the findings, the Commission approved the Kazac Civil Pty Ltd Enterprise Agreement 2017 - 2020. This decision affirmed the agreement's validity and enforceability, ensuring that the rights and interests of the employees were protected in accordance with the law.

Kazac Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established