Kerfoot Pty Ltd

[2023] FWCA 133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Kerfoot Pty Ltd

(AG2022/5330)

KERFOOT PTY LTD SINGLE ENTERPRISE AGREEMENT 2022

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 16 JANUARY 2023

Application for approval of the Kerfoot Pty Ltd Single Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Kerfoot Pty Ltd Single Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kerfoot Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 13 January 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2023. The nominal expiry date of the Agreement is 16 January 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Kerfoot Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a union representing the employees. The dispute centred on the application for approval of the Kerfoot Pty Ltd Single Enterprise Agreement 2022, which aimed to regulate various employment terms and conditions. The matter was heard in the Fair Work Commission, a specialist industrial relations tribunal in Australia.

The legal issues before the Commission involved whether the agreement was made in accordance with the Fair Work Act 2009 and whether it satisfied the requirements for good faith bargaining and procedural fairness. The Commission needed to determine if the process of reaching the agreement was appropriate and if the terms were fair and reasonable for the employees.

The Fair Work Commission found that the agreement was made in good faith and followed the necessary procedural steps. The Commission considered the process of negotiation, the involvement of the union, and the content of the agreement itself. It was satisfied that the agreement was fair and reasonable for the employees, taking into account the nature of the industry and the need for flexibility in the workplace. The Commission approved the application for the Kerfoot Pty Ltd Single Enterprise Agreement 2022 to be registered, thereby making it legally binding between the employer and the employees.

The Commission ordered that the agreement be registered and enforceable from the date of the decision. This decision provided certainty and stability in the workplace, as the terms and conditions of employment were now clearly defined and legally binding. The employees and employer could rely on the agreement for their rights and obligations, while the union could advocate for its members within the framework established by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established