Kerman Services Pty Ltd Summary

[2016] FWCA 342

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Kerman Services Pty Ltd
(AG2015/7057)
KERMAN SERVICES ENTERPRISE AGREEMENT 2015
Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 18 JANUARY 2016

Application for approval of the Kerman Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Kerman Services 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 Kerman Services

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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

25 January 2016. The nominal expiry date of the Agreement is 17 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Kerman Services Pty Ltd, an application was made for the approval of the Kerman Services Enterprise Agreement 2015, as per section 185 of the Fair Work Act 2009. The application was submitted by Kerman Services Pty Ltd, and the Agreement in question is a single enterprise agreement. The decision was rendered by Commissioner Lee in Melbourne on 18 January 2016.

The central legal issues that the court needed to address were whether the Agreement met the necessary requirements of sections 186, 187, and 188 of the Fair Work Act 2009, as they pertained to the approval of the enterprise agreement. These sections address the fundamental criteria that an enterprise agreement must satisfy to be approved.

Commissioner Lee determined that the Kerman Services Enterprise Agreement 2015 fulfilled all the relevant requirements for approval under the Fair Work Act 2009. The court found that the Agreement met the standards set out in sections 186, 187, and 188, ensuring its validity and enforceability. Consequently, the Agreement was approved, and it is set to operate from 25 January 2016, with a nominal expiry date of 17 January 2020, as per section 54 of the Act.

Kerman Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established