DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kentz (Australia) Pty Ltd
(AG2016/2341)

KAPL FIELD OPERATIONS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 MARCH 2016

Application for approval of the KAPL Field Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the KAPL Field Operations Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kentz (Australia) 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 is approved and, in accordance with s.54 of the Act, will operate from 9 March 2016. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court, Kentz (Australia) Pty Ltd applied for approval of the KAPL Field Operations Enterprise Agreement 2016. The applicant, an engineering and construction company, sought to have the agreement, which was intended to govern the employment terms of its field operations employees, recognised as a registered agreement under the Fair Work Act 2009. The Australian Council of Trade Unions and the Building and Construction General On-Site Union were the registered organisations that sought to intervene in the proceedings.

The central legal issue for the court was whether the enterprise agreement met the criteria for registration under section 230 of the Fair Work Act. This required the court to examine whether the agreement provided for the proper management of the business, included appropriate dispute resolution mechanisms, and was fairly negotiated. Additionally, the court had to consider if the agreement adhered to the provisions concerning minimum entitlements and if it met the good faith bargaining requirements.

The court held that the agreement satisfied the criteria for registration. It determined that the agreement provided for the proper management of the business, included adequate dispute resolution mechanisms, and was fairly negotiated. The court further found that the agreement complied with the minimum entitlements outlined in the Fair Work Act and met the requirements for good faith bargaining. Consequently, the court approved the agreement, and it was registered as a certified agreement under the Fair Work Act.

The court did not make any additional orders beyond approving and registering the enterprise agreement. The agreement came into effect on the date of the court's decision, governing the employment terms of the field operations employees.

Kentz (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