Khatt Pty Ltd

[2014] FWCA 146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Khatt Pty Ltd
(AG2013/11595)

KHATT ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 JANUARY 2014

Application for approval of the Khatt Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Khatt Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Khatt 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] 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.

[4] The Agreement was approved on 7 January 2014 and, in accordance with s.54, will operate from 14 January 2014. The nominal expiry date of the Agreement is 18 November 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Khatt Pty Ltd applied for approval of the Khatt Enterprise Agreement 2013. The application was made under section 232 of the Fair Work Act 2009, and the relevant dispute was whether the agreement met the criteria for approval as a registered agreement. The Commission had to determine if the agreement contained the mandated terms and conditions, and if it was free from prohibited content. Additionally, the Commission needed to consider whether the agreement was made in good faith and if the appropriate bargaining representatives were involved.

The legal issues before the Commission centred on the compliance of the Khatt Enterprise Agreement 2013 with the legislative framework. This included verifying if the agreement contained all the mandatory terms and conditions as stipulated by the Fair Work Act, and whether it included any content that was expressly prohibited. The Commission also had to assess whether the agreement was the result of genuine negotiations and if the bargaining representatives had the authority to negotiate on behalf of the parties involved. Furthermore, the Commission considered the procedural fairness of the agreement-making process.

The Commission found that the Khatt Enterprise Agreement 2013 complied with all legislative requirements. The agreement contained all the mandated terms and conditions and did not include any prohibited content. The Commission was satisfied that the agreement was the product of genuine negotiations between the appropriate bargaining representatives. The process was deemed to be procedurally fair, and the Commission approved the agreement as a registered agreement. The decision was made in accordance with the statutory provisions and the principles of fairness inherent in the industrial relations system.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established