KC Balancing Pty Ltd

[2014] FWCA 8031

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KC Balancing Pty Ltd
(AG2014/9264)

KC BALANCING PTY LTD ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 NOVEMBER 2014

Application for approval of the KC Balancing Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the KC Balancing Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by KC Balancing Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 2 October 2014.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 November 2014. The nominal expiry date of the Agreement is 28 November 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves KC Balancing Pty Ltd, a company seeking approval for its Enterprise Agreement 2014-2018. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute arose from objections raised by various stakeholders, including employees and their representatives, regarding certain provisions of the proposed agreement.

The central legal issue before the FWC was whether the Enterprise Agreement 2014-2018 complied with the requirements set out in the Fair Work Act. Specifically, the Commission needed to consider if the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith. Additionally, the FWC had to examine if the agreement met the procedural requirements, such as ensuring all employees had an opportunity to be involved in the negotiation process.

The FWC meticulously reviewed the evidence presented, including submissions from KC Balancing Pty Ltd, employee representatives, and other interested parties. The Commission assessed the fairness and reasonableness of the proposed terms, taking into account economic factors and the need for a balanced agreement that reflected the interests of both employers and employees. After thorough consideration, the FWC concluded that the agreement met all necessary criteria and was thus approved.

The Fair Work Commission ordered the approval of the KC Balancing Pty Ltd Enterprise Agreement 2014-2018, effective from the date of the decision. This ruling ensures that the agreement, which includes terms regarding wages, working conditions, and other employment matters, will govern the employment relationship between KC Balancing Pty Ltd and its employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established