DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KCE Pty Ltd
(AG2020/4138)

KCE PTY LTD ENTERPRISE AGREEMENT 2021-2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 9 FEBRUARY 2021

Application for approval of the KCE Pty Ltd Enterprise Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the KCE Pty Ltd Enterprise Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KCE Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2021. The nominal expiry date of the Agreement is 8 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

KCE Pty Ltd was the subject of an application for the approval of an enterprise agreement by the Fair Work Commission. The applicant, KCE Pty Ltd, sought approval for the proposed Enterprise Agreement 2021-2025, which was to govern the terms and conditions of employment for its employees. The dispute involved considerations of whether the agreement met the necessary requirements under the Fair Work Act 2009 and if it provided for the fair and reasonable terms of employment.

The primary legal issues the court had to address were whether the proposed agreement complied with the statutory provisions of the Fair Work Act, including the "better off overall test" which requires that the agreement must not disadvantage employees more than if they were covered by the applicable award or safety net award. The court also had to consider if the agreement contained all the prescribed terms and conditions, and if it adhered to the procedural requirements such as proper consultation and the provision of relevant information to the employees.

In reaching its decision, the Fair Work Commission assessed the evidence provided by both parties and the contents of the proposed agreement. The Commission determined that the agreement met the statutory requirements and passed the better off overall test. It found that the proposed terms and conditions of employment were fair and reasonable, and that the agreement had been made in good faith. The Commission was satisfied that the consultation process was appropriate and that the agreement contained all the prescribed terms and conditions. Therefore, the Commission approved the Enterprise Agreement 2021-2025.

Consequently, the Fair Work Commission approved the KCE Pty Ltd Enterprise Agreement 2021-2025, determining that it met the requirements of the Fair Work Act and was in the best interests of the employees.

KCE 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