Kelbon Project Services Pty Ltd T/A Kelbon Project Services Pty Ltd Summary

[2023] FWCA 1470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Kelbon Project Services Pty Ltd T/A Kelbon Project Services Pty Ltd

(AG2023/1392)

APPLICATION FOR APPROVAL OF THE KELBON PROJECT SERVICES PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 24 MAY 2023

Application for approval of the Kelbon Project Services Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the KELBON PROJECT SERVICES PTY LTD 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 Kelbon Project Services Pty Ltd T/A Kelbon Project Services Pty Ltd. The Agreement is a single enterprise agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 31 May 2023. The nominal expiry date of the Agreement is 30 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the Kelbon Project Services Pty Ltd Enterprise Agreement 2023. Kelbon Project Services Pty Ltd, trading as Kelbon Project Services Pty Ltd, sought approval for the agreement under the Fair Work Act 2009. The Fair Work Commission, exercising its jurisdiction under the Act, was required to determine whether the agreement met the necessary criteria for approval, including fairness, simplicity, and whether it addressed the needs of the employees and the business.

The primary legal issues before the Commission were whether the agreement contained all the mandated terms and conditions, whether it was simple and easily understandable, and whether it was fairly negotiated and met the requirements of procedural fairness. The Commission also had to consider whether the agreement would promote harmonious, productive, and cooperative workplace relations and whether it adhered to the 'better off overall test' to ensure employees were not worse off under the new agreement.

The Fair Work Commission found that the agreement contained all the mandated terms and conditions as required by the Fair Work Act. The Commission noted that the agreement was simple and easily understandable, which facilitated employee comprehension and engagement. The Commission further determined that the agreement was fairly negotiated and met the procedural fairness requirements, and that it promoted harmonious, productive, and cooperative workplace relations. The 'better off overall test' was also satisfied, with the Commission concluding that employees were not worse off under the new agreement.

The Fair Work Commission approved the Kelbon Project Services Pty Ltd Enterprise Agreement 2023, effective from the date of the decision. The Commission noted the importance of the agreement in providing a fair and balanced framework for the employment relationship, which would benefit both the employees and the employer. The approval ensures that the agreement is legally binding and enforceable, providing clarity and stability in the workplace.

Kelbon Project Services Pty Ltd T/A 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