DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ken Fox Homes Pty Ltd
(AG2015/5290)

KEN FOX HOMES PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 OCTOBER 2015

Application for approval of the Ken Fox Homes Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ken Fox Homes Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ken Fox Homes Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 27 October 2015 and, in accordance with s.54, will operate from 3 November 2015. The nominal expiry date of the Agreement is 27 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ken Fox Homes Pty Ltd applied for approval of its 2015 Enterprise Agreement. The matter was heard in the Fair Work Commission. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The application was opposed by various unions and individual employees who raised concerns about the agreement's provisions, including those related to wages, hours of work, and other conditions of employment.

The court had to determine whether the agreement complied with the requirements of the Fair Work Act and whether it was made in accordance with the procedural requirements set out in the Act. The applicant argued that the agreement was fairly and genuinely negotiated and met the necessary criteria for approval. The unions and employees contended that the agreement did not adequately protect the interests of the employees and did not meet the procedural requirements.

The Fair Work Commission found that the agreement was fairly and genuinely negotiated and complied with the requirements of the Fair Work Act. The Commission held that the applicant had met its burden of proving that the agreement was made in accordance with the procedural requirements set out in the Act. The Commission rejected the unions' and employees' arguments that the agreement did not adequately protect their interests or that it did not meet the procedural requirements.

The Fair Work Commission approved the Ken Fox Homes Pty Ltd Enterprise Agreement 2015 as a registered agreement under the Fair Work Act. The applicant's application for approval was granted, and the agreement was registered as a certified agreement.

Ken Fox Homes Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established