DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kentech Australia Pty Ltd
(AG2019/2138)

KENTECH AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 24 OCTOBER 2019

Application for approval of the Kentech Australia Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Kentech Australia Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kentech Australia 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2019. The nominal expiry date of the Agreement is 23 October 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kentech Australia Pty Ltd is the applicant in an application before the Fair Work Commission (FWC), seeking approval of the Kentech Australia Pty Ltd Enterprise Agreement 2019. The dispute pertains to the terms and conditions of employment for employees working within the company. The FWC was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009 (Cth) to be approved and registered. The key issues involved whether the agreement had been made genuinely and freely, without any coercion, and whether it provided fair and reasonable terms and conditions for the employees involved.

The FWC considered the evidence and submissions provided by both parties. It assessed whether the agreement met the criteria for genuine and free consent, taking into account the process through which the agreement was negotiated and whether there were any undue influences or coercion involved. The FWC also evaluated the fairness and reasonableness of the terms and conditions outlined in the agreement. The FWC found that the agreement had been made genuinely and freely, without any evidence of coercion, and that it provided fair and reasonable terms and conditions for the employees involved.

In conclusion, the FWC approved and registered the Kentech Australia Pty Ltd Enterprise Agreement 2019. The court found that the agreement met the necessary criteria under the Fair Work Act 2009 (Cth) and was a genuine and fair agreement that provided reasonable terms and conditions for the employees involved. The approval and registration of the agreement ensures that the terms and conditions of employment for the employees are legally binding and enforceable.

Kentech Australia 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