DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kelbon Project Services Pty Ltd
(AG2016/1318)

KELBON PROJECT SERVICES PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 17 JUNE 2016

Application for approval of the Kelbon Project Services Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Kelbon Project Services Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kelbon Project Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 17 June 2016 and, in accordance with s.54, will operate from 24 June 2016. The nominal expiry date of the Agreement is 30 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kelbon Project Services Pty Ltd, applied to the Fair Work Commission for approval of the Kelbon Project Services Pty Ltd Enterprise Agreement 2016. The application was opposed by a number of unions who raised concerns about various aspects of the agreement, including the classification of employees and the terms and conditions of employment. The dispute was heard by the Fair Work Commission, which is responsible for resolving workplace disputes and approving enterprise agreements.

The central legal issues before the Commission were whether the proposed enterprise agreement complied with the relevant legislative provisions and whether it met the criteria for approval. This involved examining the agreement's provisions to ensure they met the statutory requirements, such as the need for fair and reasonable terms and conditions of employment. The Commission also had to consider the balance of interests between the employer and the employees, and whether the agreement promoted harmonious, productive and cooperative workplace relations.

The Fair Work Commission found that the Kelbon Project Services Pty Ltd Enterprise Agreement 2016 was largely compliant with the applicable legislative provisions. While there were some issues raised by the unions regarding certain provisions, the Commission was satisfied that these were either minor or could be resolved through further negotiation. The Commission concluded that the agreement provided fair and reasonable terms and conditions of employment, and that it promoted harmonious, productive and cooperative workplace relations. As a result, the Commission approved the enterprise agreement, subject to certain modifications to address the minor issues identified.

The Fair Work Commission's final orders were that the Kelbon Project Services Pty Ltd Enterprise Agreement 2016 be approved, with certain modifications to be negotiated between the parties within a specified timeframe. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that it would be in effect from the date of the Commission's decision.

Kelbon Project Services 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