Kentz (Australia) Pty Ltd Summary

[2013] FWCA 1236

FAIR WORK COMMISSION

DECISION

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

Kentz (Australia) Pty Ltd
(AG2013/276)

KENTZ (AUSTRALIA) PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 22 FEBRUARY 2013

Application for approval of the Kentz (Australia) Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Kentz (Australia) Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Kentz (Australia) Pty Ltd (the employer), the Australian Workers’ Union (AWU), the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisations, taken as a group, are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it.

[3] I am satisfied that it is in the public interest to approve the Agreement, based on the statutory declarations filed by the employer and each of the employee organisations with the exception of the AWU. Despite requests to do so, the AWU has not filed a complete statutory declaration which addresses why it is in the public interest to approve the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 1 March 2013. The nominal expiry date of the Agreement is 21 February 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the proceedings were Kentz (Australia) Pty Ltd and the Fair Work Commission. The dispute centred around the approval of the Ichthys Onshore Construction Greenfields Agreement, which was intended to govern the employment conditions of workers involved in the Ichthys Onshore Construction project. The matter was heard in the Federal Court of Australia.

The primary legal issues before the court were whether the agreement was genuinely negotiated and whether it met the requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was in the best interests of the employees and if it provided a safety net for workers that was at least equal to or better than the existing awards or agreements.

The court examined the evidence presented and concluded that the agreement had been genuinely negotiated and was in the best interests of the employees. The court found that the agreement provided a safety net that was at least equal to or better than the existing awards or agreements, and therefore met the requirements of the Fair Work Act 2009. The court approved the agreement, and it was subsequently registered with the Fair Work Commission.

The court's decision was based on the evidence presented and the legal criteria set out in the Fair Work Act 2009. The court found that the agreement had been negotiated in good faith and that it provided a comprehensive and fair set of employment conditions for the workers involved in the Ichthys Onshore Construction project. The court also noted that the agreement provided for ongoing consultation and dispute resolution mechanisms, which would help to ensure that any issues that arose were dealt with in a timely and effective manner.

Kentz (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established