Kentz Pty Ltd Summary

[2014] FWCA 6641

FAIR WORK COMMISSION

DECISION

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

Kentz Pty Ltd
(AG2014/7339)

KENTZ PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 22 SEPTEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Kentz Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Greenfields Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187, 188 and 193(3) of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have given notice under s.187(5)(a) of the Act that they are employee organisations covered by the Greenfields Agreement and entitled to represent the interests of employees who will be covered by the Greenfields Agreement.

[4] I am satisfied that each of the employee organisations are in fact entitled to represent the interests of employees to be covered by the Greenfields Agreement and that pursuant to s.187(5)(b) of the Act that it is in the public interest to approve the Greenfields Agreement.

[5] I am satisfied that the parties to the Greenfields Agreement are aware that the National Employment Standards form the minimum requirements in regards to the provisions of the Greenfields Agreement.

[6] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 29 September 2014. The nominal expiry date of the Agreement is 29 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, Kentz Pty Ltd, sought approval of the Kentz Pty Ltd Ichthys Onshore Construction Greenfields Agreement, which was made under section 38 of the Fair Work Act 2009. The agreement sought to be approved was made between Kentz Pty Ltd and certain unions, including the Construction, Forestry, Maritime, Mining and Energy Union and the Electrical Trades Union of Australia. The application was brought before the Fair Work Commission, which is responsible for approving such agreements.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval. This included determining if the agreement contained a "genuine bargain" between the parties, was made in good faith, and was not contrary to public policy. Additionally, the Commission had to consider if the agreement was consistent with the provisions of the Fair Work Act, particularly in relation to the protection of employees' rights and interests.

The Fair Work Commission found that the agreement met the criteria for approval. It held that the agreement contained a genuine bargain, was made in good faith, and did not contravene public policy. The Commission also determined that the agreement was consistent with the provisions of the Fair Work Act, providing adequate protections for employees. The Commission considered the comprehensive nature of the agreement, which covered a wide range of employment conditions and dispute resolution mechanisms, as evidence of its fairness and compliance with the Act.

As a result, the Fair Work Commission approved the Kentz Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The approval allowed the agreement to operate as a registered agreement under the Fair Work Act, providing a framework for the employment of workers in the specified industry.

Kentz Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established