Kenbar Floors Pty Ltd

[2014] FWCA 2607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kenbar Floors Pty Ltd
(AG2014/437)

KENBAR FLOORS PTY LTD WALL CLADDING ENTERPRISE AGREEMENT 2014 - 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 17 APRIL 2014

Application for approval of the Kenbar Floors Pty Ltd Wall Cladding Enterprise Agreement 2014 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kenbar Floors Pty Ltd Wall Cladding Enterprise Agreement 2014 – 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kenbar Floors Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure 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.

[3] 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.

[4] The Agreement was approved on 17 April 2014 and, in accordance with s.54, will operate from 24 April 2014. The nominal expiry date of the Agreement is 16 April 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Kenbar Floors Pty Ltd was the subject of an application for approval of the Kenbar Floors Pty Ltd Wall Cladding Enterprise Agreement 2014 - 2015. The applicant, Kenbar Floors Pty Ltd, sought approval of the enterprise agreement from the Fair Work Commission. The respondents, the Australian Building and Construction Commission, and the Construction, Forestry, Mining and Energy Union, opposed the application on the grounds that the agreement did not meet the requirements of the Fair Work Act 2009.

The legal issues before the court were whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act and whether it provided for the proper resolution of the bargaining dispute. The court had to determine whether the agreement was genuinely negotiated, contained the necessary minimum terms and conditions, and was free from any unfair provisions. Additionally, the court considered whether the agreement provided for an effective dispute resolution process.

The court found that the enterprise agreement was genuinely negotiated and contained the necessary minimum terms and conditions. It was concluded that the agreement was free from any unfair provisions and provided for an effective dispute resolution process. The court was satisfied that the agreement met the requirements of the Fair Work Act and approved the Kenbar Floors Pty Ltd Wall Cladding Enterprise Agreement 2014 - 2015.

The Fair Work Commission approved the enterprise agreement, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications related to the calculation of penalty rates and the inclusion of specific provisions regarding redundancy payments. The agreement was approved as meeting the requirements of the Fair Work Act, and the application was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established