DECISION

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

Ken Fox Homes Pty Ltd T/A Ken Fox Homes
(AG2019/4153)

THE KEN FOX HOMES PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 25 FEBRUARY 2020

Application for approval of the Ken Fox Homes Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval for an enterprise agreement known as Ken Fox Homes Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to certain clauses of the Agreement. A copy of the undertakings is attached at Annexure A. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] 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.

[4] The Agreement is approved in accordance with s. 54 of the Act and will operate from 3 March 2020. The nominal expiry date of the Agreement is 25 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The applicant, Ken Fox Homes Pty Ltd, trading as Ken Fox Homes, sought approval of the Ken Fox Homes Pty Ltd Enterprise Agreement 2019. The dispute was heard in the Fair Work Commission. The central legal issues revolved around whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its compliance with the procedural and substantive fairness criteria. The applicant argued that the agreement was made in good faith and provided for the employees' protection of their rights and entitlements.

The Commission examined whether the agreement was genuinely negotiated and not imposed. It also assessed if the agreement contained terms and conditions that were fair and reasonable. The Commission considered the procedural fairness in the negotiation process and the substantive fairness of the agreement's terms. After reviewing the evidence and submissions, the Commission found that the agreement was indeed negotiated in good faith and that its terms were fair and reasonable. The Commission was satisfied that the negotiation process was transparent and that the employees had an opportunity to be heard.

In light of the findings, the Fair Work Commission approved the Ken Fox Homes Pty Ltd Enterprise Agreement 2019. The decision was based on the evidence that the agreement met the legislative criteria for approval. The Commission concluded that the agreement was fair and reasonable, and it was in the best interests of the employees. The approval of the agreement ensures that the terms and conditions set out in the enterprise agreement will govern the employment relationship between the applicant and the employees.

Ken Fox Homes Pty Ltd T/A Ken Fox Homes

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established