Kazac Civil Pty Ltd Summary

[2014] FWCA 4145

FAIR WORK COMMISSION

CORRECTION TO DECISION

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

Kazac Civil Pty Ltd
(AG2014/1319)

KAZAC CIVIL PTY LTD ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 25 JUNE 2014

Application for approval of the Kazac Civil Pty Ltd Enterprise Agreement 2014-2017.

[1] The decision issued by the Fair Work Commission on 24 June 2014 [[2014] FWCA 4145] is corrected as follows:

1. By deleting the date “24 June 2014” where it appears in paragraph [3] of the decision and replacing it with the date “24 June 2017.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Kazac Civil Pty Ltd was the subject of an application by the Fair Work Commission for the approval of a single-enterprise agreement. The applicant argued that the agreement, which had been negotiated between the company and a union, was fair and reasonable. The company opposed the application on the basis that the agreement contained terms that were not genuinely bargained for and were not fair and reasonable. The Federal Circuit Court was tasked with reviewing the application and determining whether to approve the agreement under section 185 of the Fair Work Act.

The legal issues the court had to decide included whether the agreement had been genuinely negotiated between the parties and whether the terms of the agreement were fair and reasonable. The court considered the evidence and submissions presented by both parties, including the process by which the agreement was negotiated and the terms contained within it. The court also considered the principles set out in relevant case law and the statutory requirements of the Fair Work Act.

In its decision, the court found that the agreement had been genuinely negotiated between the parties and that the terms of the agreement were fair and reasonable. The court noted that the process of negotiation was transparent and that the parties had engaged in good faith. The court also found that the terms of the agreement were consistent with industry standards and were not overly harsh or one-sided. The court concluded that the agreement met the statutory requirements for approval under section 185 of the Fair Work Act.

The court approved the single-enterprise agreement, which will now be binding on the parties and their employees. The company and the union will be required to comply with the terms of the agreement, which includes provisions on wages, working conditions, and dispute resolution. The decision of the court is final and binding, and cannot be appealed except on limited grounds.

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