Kennett Pty Ltd

[2014] FWCA 4570

FAIR WORK COMMISSION

DECISION

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

Kennett Pty Ltd
(AG2014/6603)

KENNETT PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 11 JULY 2014

Application for approval of the Kennett Pty Ltd Enterprise Agreement 2014.

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

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2014. The nominal expiry date of the Agreement is 18 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kennett Pty Ltd, sought approval of the Kennett Pty Ltd Enterprise Agreement 2014 in the Fair Work Commission. The respondent, an incorporated association of employees, opposed the approval. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009 for certification and registration as a single-employer, multi-enterprise agreement.

The court had to determine whether the agreement satisfied the legislative criteria for approval, including the necessity of being a genuine enterprise agreement, meeting procedural requirements, and not undermining the protection of employees' rights. A key issue was whether the agreement had been made in good faith and whether it appropriately covered all employees in the enterprise.

The Fair Work Commission examined the evidence presented and concluded that the agreement had been made in good faith and was a genuine enterprise agreement. It found that the agreement had been negotiated between the applicant and the employees' representative, and that it provided fair and reasonable terms for the employees. The Commission was satisfied that the agreement complied with all relevant provisions of the Fair Work Act 2009. Consequently, the application for approval was successful.

The Fair Work Commission approved the Kennett Pty Ltd Enterprise Agreement 2014, certifying it as a single-employer, multi-enterprise agreement. The agreement was registered, and the employees covered by the agreement were now bound by its terms. This decision provided clarity for both the applicant and the employees regarding their employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established