DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kempe Maintenance Services Pty Ltd T/A Kempe Maintenance Services
(AG2018/7389)

KEMPE MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 3 APRIL 2019

Application for approval of the Kempe Maintenance Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kempe Maintenance Services Enterprise Agreement 2018 (Cth) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kempe Maintenance Services Pty Ltd T/A Kempe Maintenance Services. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2019. The nominal expiry date of the Agreement is 9 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kempe Maintenance Services, sought approval of its enterprise agreement from the Fair Work Commission. The agreement was between Kempe Maintenance Services, as the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, as the representative of the employees. The dispute centred around the terms of the proposed agreement, which aimed to regulate the employment conditions of employees within the company. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the court had to consider whether the agreement was made in good faith and whether there was genuine bargaining. Substantively, the court had to ensure the agreement did not adversely affect the safety, health, or welfare of employees and did not undermine the protection of employees' rights. The court also needed to consider if the agreement contained provisions that were not permissible under the law.

The Fair Work Commission found that the agreement was made in good faith and there was genuine bargaining between the parties. The agreement was deemed to meet the substantive requirements, as it did not adversely affect the safety, health, or welfare of the employees and did not undermine the protection of employees' rights. Furthermore, the court held that all provisions in the agreement were permissible under the law. Consequently, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission approved the Kempe Maintenance Services Enterprise Agreement 2018, finding that it was made in good faith, met all procedural and substantive requirements under the Fair Work Act, and did not adversely affect the safety, health, or welfare of employees. The agreement was deemed to be compliant and was therefore approved.

Kempe Maintenance Services Pty Ltd T/A Kempe Maintenance Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established