DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kentz Pty Ltd
(AG2015/5624)

KENTZ PTY LTD - CEPU GORGON PROJECT - BARROW ISLAND ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 30 SEPTEMBER 2015

Application for approval of the Kentz Pty Ltd - CEPU Gorgon Project - Barrow Island Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kentz Pty Ltd – CEPU Gorgon Project – Barrow Island Enterprise 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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 30 September 2015 and, in accordance with s.54, will operate from 7 October 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court of Australia was presented with an application by the Fair Work Commission to approve the Kentz Pty Ltd - CEPU Gorgon Project - Barrow Island Enterprise Agreement 2015. The application arose from negotiations between the company, Kentz, and the Construction, Forestry, Maritime, Mining and Energy Union (CEFU). The central issue was whether the agreement met the statutory requirements under the Fair Work Act 2009 for enterprise agreements to be approved.

The court examined whether the agreement contained the necessary minimum terms and conditions, and if it had been made in good faith and without coercion. Additionally, the court needed to determine if the agreement was procedurally sound, including whether proper consultation processes were followed and if the agreement was appropriately certified by the Fair Work Commission. The primary legal issue was whether the agreement complied with the legislative framework designed to ensure fair and effective workplace agreements.

In its reasoning, the court found that the agreement did indeed meet the statutory requirements. The agreement included all necessary minimum terms and was certified as having been made in good faith and without coercion. The court was satisfied that the consultation processes were robust and appropriate, and that the Fair Work Commission had correctly certified the agreement. The court concluded that the application should be approved, as the agreement was both procedurally and substantively compliant with the Fair Work Act 2009.

As a result, the court granted the application for approval of the enterprise agreement, confirming its validity and enforceability. This decision affirmed the procedural integrity of the agreement-making process and validated the terms negotiated between Kentz and CEPU.

Kentz 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