Killard Infrastructure Pty Ltd T/A Killard Infrastructure Pty Ltd Summary

[2024] FWCA 448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Killard Infrastructure Pty Ltd T/A Killard Infrastructure Pty Ltd

(AG2024/31)

KILLARD INFRASTRUCTURE PTY LTD ENTERPRISE AGREEMENT 2024 – 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 1 FEBRUARY 2024

Application for approval of the Killard Infrastructure Pty Ltd Enterprise Agreement 2024 - 2027.

Killard Infrastructure Pty Ltd (the Employer) has made an application for the approval of the Killard Infrastructure Pty Ltd Enterprise Agreement 2024 – 2027 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2024. The nominal expiry date of the Agreement is 1 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Killard Infrastructure Pty Ltd Enterprise Agreement 2024-2027. The applicant, Killard Infrastructure Pty Ltd, sought to have the agreement, which was negotiated with its employees, formally recognised and enforceable under the Fair Work Act 2009. The application was contested by the Australian Council of Trade Unions (ACTU), which raised concerns about the fairness and compliance of the proposed agreement with the statutory requirements.

The central legal issues the Fair Work Commission was required to address included whether the enterprise agreement complied with the procedural requirements of the Fair Work Act, including whether it was genuinely negotiated and whether it met the minimum standards of the National Employment Standards (NES). Additionally, the Commission had to consider whether the agreement provided for adequate employee protections and whether it was in the best interests of the employees.

In reaching its decision, the Fair Work Commission examined the negotiation process and the contents of the proposed agreement. The Commission noted that the applicant had provided evidence of a genuine negotiation process and that the agreement met the formal requirements set out in the Fair Work Act. The Commission also found that the proposed agreement provided for terms and conditions that were at least as favourable as the NES and other applicable minimum standards. Despite the concerns raised by the ACTU, the Commission concluded that the agreement was fair and did not disadvantage the employees. Therefore, the Commission approved the Killard Infrastructure Pty Ltd Enterprise Agreement 2024-2027.

The final orders of the Fair Work Commission included the approval of the Killard Infrastructure Pty Ltd Enterprise Agreement 2024-2027, subject to certain conditions. These conditions included the requirement for the applicant to provide evidence of compliance with the agreement and to report any disputes or issues arising from its implementation to the Fair Work Commission.

Killard Infrastructure Pty Ltd T/A Killard Infrastructure Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established