Kennards Hire Pty Ltd T/A Kennards Hire

[2022] FWCA 716

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Enterprise Agreement

Kennards Hire Pty Ltd T/A Kennards Hire

(AG2022/296)

Kennards Group Employee Enterprise Agreement 2021

Miscellaneous
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 March 2022

Application for approval of the Kennards Group Employee Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Kennards Group Employee Enterprise Agreement 2021(Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 March 2022. The nominal expiry date of the Agreement is 28 February 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Kennards Hire Pty Ltd T/A Kennards Hire applied for the approval of the Kennards Group Employee Enterprise Agreement 2021. The applicant, a company in the hire industry, sought to formalise the terms and conditions of employment for its employees through this enterprise agreement. The dispute centred around whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it was fair and reasonable for the employees it covered.

The legal issues before the court involved verifying the compliance of the Kennards Group Employee Enterprise Agreement 2021 with the Fair Work Act 2009. The court examined if the agreement included all the prescribed terms and conditions and whether it was negotiated in good faith. Additionally, the court assessed whether the agreement was fair and reasonable, taking into account various factors such as the nature of the business, the bargaining power of the parties, and the overall fairness of the terms for the employees.

After careful consideration of the evidence and arguments presented, the Fair Work Commission concluded that the Kennards Group Employee Enterprise Agreement 2021 met the necessary statutory requirements and was fair and reasonable. The Commission found that the agreement was negotiated in good faith and included all the prescribed terms and conditions. The Commission also determined that the agreement was fair and reasonable, considering the specific circumstances of the applicant’s business and the interests of the employees. Consequently, the Commission approved the agreement.

The final orders of the Commission were that the Kennards Group Employee Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered and published on the Fair Work Commission’s website, and all parties were required to comply with the terms and conditions outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established