DECISION

Fair Work Act 2009
s.210—Enterprise agreement

KCE Pty Ltd T/A KCE
(AG2018/256)

KCE PTY LTD ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 MARCH 2018

Application for variation of the KCE Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of a variation to the KCE Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made by KCE Pty Ltd T/A KCE pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 18 August 2015. Those undertakings form part of the Agreement as varied.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 20 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, KCE Pty Ltd T/A KCE, an applicant, sought a variation of the KCE Pty Ltd Enterprise Agreement 2015-2019. The case was heard in the Fair Work Commission. The primary dispute involved the applicant's request to alter certain terms and conditions of employment outlined in the existing enterprise agreement, with the Fair Work Commission tasked with assessing whether the proposed changes were justifiable under the relevant legislation.

The legal issues before the Commission were whether the proposed variations aligned with the principles of the Fair Work Act, specifically focusing on whether the changes were necessary and in the interests of employees and employers. The Commission also needed to determine if the applicant had fulfilled its obligations under the Act to consult with the relevant employee representatives and whether the proposed changes would maintain or improve the financial viability of the business.

The Fair Work Commission examined the evidence presented by both parties, considering the economic context and the necessity of the proposed changes. It assessed whether the variations would lead to improved productivity, operational efficiency, or address genuine business needs. The Commission concluded that the applicant had demonstrated that the variations were necessary and in the interests of both employees and the employer, and that adequate consultation had occurred. As a result, the application was granted, allowing the proposed changes to the enterprise agreement to proceed.

The Fair Work Commission made orders varying the KCE Pty Ltd Enterprise Agreement 2015-2019 in accordance with the terms outlined in the application. The specific changes included adjustments to working hours, pay rates, and other employment conditions, subject to the conditions and protections set out in the amended agreement. The decision emphasised the importance of maintaining a balanced approach that considered the interests of both employees and employers, while ensuring compliance with the Fair Work Act.

KCE Pty Ltd T/A KCE

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established