DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KGS Staff Pty Ltd
(AG2019/601)

KGS STAFF PTY LTD WORKPLACE AGREEMENT 2019

Hospitality industry
COMMISSIONER GREGORY	MELBOURNE, 27 JUNE 2019

Application for approval of the KGS Staff Pty Ltd Workplace Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the KGS Staff Pty Ltd Workplace Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KGS Staff Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 26 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were KGS Staff Pty Ltd and its employees, represented by their union. The dispute centred on the approval of a workplace agreement, specifically the KGS Staff Pty Ltd Workplace Agreement 2019. The matter was heard in the Fair Work Commission of Australia. The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement had been made in accordance with the requirements of the Act, and if it provided for the terms and conditions of employment for the employees.

The Commission found that the agreement had been made in accordance with the Act, as it was the product of genuine bargaining between the employer and the union. Additionally, the Commission determined that the agreement provided for the terms and conditions of employment for the employees, including provisions for wages, hours of work, and other employment-related matters. The Commission further found that the agreement did not unfairly discriminate against any employee or class of employees, and that it complied with the relevant provisions of the Act.

In light of the findings, the Commission approved the KGS Staff Pty Ltd Workplace Agreement 2019. The approval means that the agreement is now legally binding on the parties, and the terms and conditions outlined in the agreement will apply to the employees. This decision provides certainty for both the employer and the employees, and ensures that the agreement is compliant with the relevant legislative requirements.

KGS Staff 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