DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kentz Pty Limited
(AG2015/5077)

KENTZ QUEENSLAND LNG PROJECTS UNION AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 OCTOBER 2015

Application for approval of the Kentz Queensland LNG Projects Union Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kentz Queensland LNG Projects Union Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kentz Pty Limited. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 20 October 2015 and, in accordance with s.54, will operate from 27 October 2015. The nominal expiry date of the Agreement is 20 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kentz Pty Limited recently faced a matter in the Fair Work Commission, where the company sought approval for the Kentz Queensland LNG Projects Union Agreement 2015. The primary parties involved were Kentz Pty Limited, the applicant, and the Australian Workers' Union, the respondent. The dispute centred on the proposed enterprise agreement, which aimed to regulate employment terms and conditions for certain employees of Kentz Pty Limited involved in Queensland LNG projects. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements and public interest considerations under the Fair Work Act 2009.

The legal issues before the Commission included assessing the fairness and reasonableness of the proposed agreement, ensuring it adhered to the provisions of the Fair Work Act, and determining whether it promoted the objectives of the Act, including the provision of a safety net of minimum entitlements and the encouragement of cooperative workplace relations. The Commission also had to consider the potential impact of the agreement on employees' wages, conditions, and overall fairness, as well as any submissions made by the parties involved.

In its decision, the Commission carefully examined the proposed agreement, taking into account the submissions and evidence provided by both parties. The Commission found that the agreement met the legal requirements and public interest considerations, ensuring it provided a safety net of minimum entitlements and encouraged cooperative workplace relations. The Commission concluded that the agreement was fair and reasonable, promoting the objectives of the Fair Work Act. As a result, the Commission approved the Kentz Queensland LNG Projects Union Agreement 2015, which now governs the employment terms and conditions for the relevant employees. The approval ensures that the agreement complies with the legal standards and promotes a fair and cooperative workplace environment.

Kentz Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established