Kelbon Project Services Pty Ltd Summary

[2013] FWCA 4558

FAIR WORK COMMISSION

DECISION

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

Kelbon Project Services Pty Ltd
(AG2013/1509)

KELBON PROJECT SERVICES PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 15 JULY 2013

Application for approval of the Kelbon Project Services Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kelbon Project Services Pty Ltd Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Kelbon Project Services Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code {C}, AE402296 PR538766>
ANNEXURE “A”

CaseChat Overview and Summary

In the Fair Work Commission, Kelbon Project Services Pty Ltd applied for the approval of the Kelbon Project Services Pty Ltd Enterprise Agreement 2013. The respondent, United Voice, a registered Australian union, did not oppose the application, but raised concerns about the terms of the agreement. The primary focus of the dispute was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved examining the fairness of the proposed agreement's terms, assessing whether the agreement contained the required minimum entitlements, and determining if the agreement was genuinely negotiated. The Commission had to ensure that the agreement did not adversely affect employees' rights and provided a fair and efficient way to resolve workplace issues.

The Commission determined that the agreement met all necessary criteria. It included all minimum entitlements and was genuinely negotiated, ensuring that it was not detrimental to employees. The Commission approved the agreement, noting the absence of any objections from the respondent and the overall fairness of the terms. The Commission's decision was based on the comprehensive analysis of the agreement's provisions and its compliance with the statutory requirements.

The Fair Work Commission approved the Kelbon Project Services Pty Ltd Enterprise Agreement 2013. The decision highlighted the agreement's compliance with all legislative requirements, including the provision of minimum entitlements and the genuine negotiation of terms. The approval was final and binding, allowing the agreement to take effect as intended by the parties.

Kelbon Project Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established