DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KDC Industries Pty Ltd
(AG2019/88)

KDC INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 APRIL 2019

Application for approval of the KDC Industries Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the KDC Industries Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KDC Industries 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.

[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 17 April 2019. The nominal expiry date of the Agreement is 9 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter in KDC Industries Pty Ltd concerned an application for the approval of the KDC Industries Pty Ltd Enterprise Agreement 2018, which was filed in the Fair Work Commission. The applicant, KDC Industries, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The agreement was negotiated between KDC Industries and the Australian Manufacturing Workers' Union and was intended to regulate the terms and conditions of employment for workers within the company.

The primary legal issues that the court needed to address were whether the agreement met the statutory requirements for approval and registration under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was genuinely negotiated, included all mandatory terms, and was in the best interest of the employees. Additionally, the court had to consider whether the agreement complied with the procedural requirements, such as proper notification to employees and the availability of independent dispute resolution services.

In rendering its decision, the court meticulously examined the contents and negotiation process of the agreement. It found that the agreement was indeed genuinely negotiated and contained all the necessary mandatory terms as stipulated by the Fair Work Act 2009. The court also concluded that the agreement was in the best interest of the employees, taking into account the improved wages and working conditions it provided. Furthermore, the procedural requirements were met, with proper notifications issued and independent dispute resolution services made available. Based on these findings, the court approved the KDC Industries Pty Ltd Enterprise Agreement 2018 and registered it under the Fair Work Act 2009.

KDC Industries 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