Key To Specialists Pty Ltd Summary

[2023] FWCA 2347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Key To Specialists Pty Ltd

(AG2023/2165)

KEY TO SPECIALISTS PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JULY 2023

Application for approval of the Key To Specialists Pty Ltd Enterprise Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Key To Specialists Pty Ltd Enterprise Agreement 2023 (Agreement).

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

In relation to genuine agreement, I note the employees covered by the Agreement at the time of the vote was a numerically small group, and the Agreement has a coverage spanning many occupational classifications across disparate industries. However the voting cohort of employees each hold a range of professional expertise with at least 10 years of industry experience in various occupations covered by the Agreement and in each of the industries in which Agreement covered employees would work. Employees in these industries are covered by three modern awards, which are the reference awards for the purposes of assessing whether the Agreement passed the better off overall test, namely the Hyrocarbons Industry (Upstream) Award 2020, Building and Construction General On-Site Award 2020 and Mining Industry Award 2020.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 4 August 2023. The nominal expiry date of the Agreement is 28 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Key To Specialists Pty Ltd Enterprise Agreement 2023. Key To Specialists Pty Ltd, the applicant, sought the approval of the agreement which it had negotiated with its employees, represented by the Health Services Union of Australia. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The central legal issues before the court were whether the agreement met the requirements for direct registration, including whether it contained all the prescribed terms, was free from prohibited content, and was compliant with the good faith bargaining obligations. Additionally, the court needed to determine if the agreement provided adequate protections for employees and whether it was in the best interests of the employees involved.

In examining the agreement, the Commission found that it contained all the prescribed terms and was free from prohibited content, such as terms that undermined the operation of the safety net of minimum standards. The Commission also noted that the agreement was the product of genuine and meaningful bargaining between the parties. The Commission concluded that the agreement provided fair and reasonable terms for the employees, considering the nature of the industry and the specific circumstances of the parties. The Commission determined that the agreement was in the best interests of the employees, as it offered appropriate protections and benefits.

The Fair Work Commission approved the Key To Specialists Pty Ltd Enterprise Agreement 2023, finding it to be compliant with the statutory requirements and in the best interests of the employees. The Commission's decision was based on the comprehensive analysis of the agreement, including its adherence to the prescribed terms, the nature of the bargaining process, and the overall benefits provided to the employees.

Key To Specialists Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established