Kdr Gold Coast Pty Ltd

[2023] FWCA 137

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Kdr Gold Coast Pty Ltd

(AG2022/5468)

KDR GOLD COAST PTY LTD TECHNICIAN ENTERPRISE AGREEMENT 2023

Electrical contracting industry
COMMISSIONER SPENCER	BRISBANE, 17 JANUARY 2023

Application for approval of the KDR Gold Coast Pty Ltd Technician Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the KDR Gold Coast Pty Ltd Technician Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kdr Gold Coast Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2023. The nominal expiry date of the Agreement is 8 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Kdr Gold Coast Pty Ltd applied for approval of the KDR Gold Coast Pty Ltd Technician Enterprise Agreement 2023. The agreement was submitted by the employer to the Fair Work Commission for consideration and approval under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including its compliance with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009.

The court was tasked with determining whether the agreement complied with the procedural requirements of the Fair Work Act, including whether the agreement had been made in good faith, whether it had been negotiated in good faith, and whether it met the criteria for approval as set out in the legislation. Additionally, the court had to assess whether the agreement provided appropriate terms and conditions for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement met the requirements for approval. The agreement was deemed to have been made in good faith, as it was the product of genuine negotiations between the employer and the employees' representative. The court also found that the agreement provided fair and reasonable terms and conditions for the employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The court noted that the agreement included provisions for a fair and transparent dispute resolution process, which was an important factor in its approval.

The Fair Work Commission approved the KDR Gold Coast Pty Ltd Technician Enterprise Agreement 2023, subject to certain conditions. The conditions included the requirement that the employer provide written notice to employees of the approved agreement and the right of employees to seek review of the agreement by the Fair Work Commission if they were dissatisfied with any of its terms. The employer was also required to provide the Fair Work Ombudsman with a copy of the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established