DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

KEC Power Pty Ltd T/A KEC Power Pty Ltd
(AG2020/3620)

KEC POWER PTY LTD WORKPLACE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 24 DECEMBER 2020

Application for approval of the KEC Power Pty Ltd Workplace Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the KEC Power Pty Ltd Workplace Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KEC Power Pty Ltd. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 24 December 2020 and, in accordance with s.54, will operate from 31 December 2020. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

KEC Power Pty Ltd, trading as KEC Power Pty Ltd, sought approval for its Workplace Agreement 2020 from the Fair Work Commission. The dispute centred around the terms and conditions of the agreement, which was intended to govern the employment relationship between the company and its employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The legal issues before the Commission involved the assessment of the agreement against the criteria for an enterprise agreement. The Commission had to consider whether the agreement provided for a fair and reasonable balance of rights and obligations, and whether it had been genuinely negotiated between the employer and the employees. Additionally, the Commission needed to determine if the agreement was free from any elements that could be considered to be contrary to public policy.

In delivering its decision, the Commission emphasised the importance of ensuring that workplace agreements do not undermine fundamental rights or standards of employment. The Commission found that the proposed agreement did not contain any terms that were contrary to public policy and was, in fact, fair and reasonable in its provisions. It was determined that the agreement had been genuinely negotiated, and the terms were balanced, providing adequate protections for both the employer and employees. As a result, the Commission approved the Workplace Agreement 2020, subject to the conditions and provisions outlined in the agreement.

KEC Power Pty Ltd T/A KEC Power 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