DECISION

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

Kelbon Project Services Pty Ltd
(AG2019/2519)

KELBON PROJECT SERVICES PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 30 SEPTEMBER 2019

Application for approval of the Kelbon Project Services Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as Kelbon Project Services Pty Ltd Enterprise Agreement 2019 (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.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss. 186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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Appendix A.

CaseChat Overview and Summary

Kelbon Project Services Pty Ltd was the subject of an application for the approval of the Kelbon Project Services Pty Ltd Enterprise Agreement 2019, which was heard in the Fair Work Commission. The application was brought by Kelbon Project Services Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, the registered trade union. The dispute centred around the provisions of the proposed enterprise agreement, specifically whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed enterprise agreement met the requirements of the Fair Work Act, particularly in terms of procedural fairness, and whether it contained all the mandated minimum terms and conditions. The employer argued that the agreement was fair and reasonable, while the union contended that certain provisions were not in compliance with the Act.

The Commission examined the provisions of the agreement and found that while most of the agreement was in line with the Fair Work Act, certain provisions relating to the classification of employees did not meet the mandated minimum terms and conditions. The Commission held that these provisions were not fair and reasonable and therefore could not be approved. Consequently, the application for approval of the enterprise agreement was dismissed in part. The Commission directed that the employer and the union must negotiate in good faith to address the deficiencies identified in the agreement.

Kelbon Project Services Pty Ltd

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established