DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kennards Hire Pty Limited T/A Kennards Hire
(AG2017/1715)

KENNARDS GROUP EMPLOYEE ENTERPRISE AGREEMENT 2017

Miscellaneous
COMMISSIONER LEE	MELBOURNE, 26 JULY 2017

Application for approval of the Kennards Group Employee Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kennards Group Employee Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kennards Hire Pty Limited T/A Kennards Hire. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2017. The nominal expiry date of the Agreement is 25 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kennards Hire Pty Limited T/A Kennards Hire applied to the Fair Work Commission for the approval of the Kennards Group Employee Enterprise Agreement 2017. The dispute arose from the negotiation process and the proposed terms of the agreement between the employer and the employees. The Fair Work Commission, under the Fair Work Act 2009, was tasked with assessing the fairness of the proposed agreement.

The legal issues before the Commission included whether the agreement met the "better off overall test" (BOOT), ensuring employees were not worse off financially, and whether the agreement complied with the Good Faith Bargaining provisions. The Commission also considered whether the terms of the agreement were consistent with the National Employment Standards and whether there were any procedural fairness issues in the bargaining process.

The Commission found that the Kennards Group Employee Enterprise Agreement 2017 met the BOOT, as it provided employees with benefits that outweighed any detriments. It was determined that the agreement complied with good faith bargaining requirements and was consistent with the National Employment Standards. The Commission also found that the bargaining process was fair and in line with procedural fairness principles.

The Fair Work Commission approved the Kennards Group Employee Enterprise Agreement 2017, thereby resolving the dispute and ensuring that the agreement could be implemented between Kennards Hire and its employees. This decision confirmed the validity of the agreement and allowed the parties to proceed with its terms and conditions as negotiated.

Kennards Hire Pty Limited T/A Kennards Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established