DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Killard Infrastructure Pty Ltd
(AG2018/3609)

KILLARD EXCAVATION PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 OCTOBER 2018

Application for approval of the Killard Excavation Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Killard Excavation Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Killard Infrastructure 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 is approved and, in accordance with s.54 of the Act, will operate from 16 October 2018. The nominal expiry date of the Agreement is 8 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Killard Infrastructure Pty Ltd, represented by the employer association, filed an application for the approval of the Killard Excavation Pty Ltd Enterprise Agreement 2018-2022. The application was heard in the Fair Work Commission, which was required to assess whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained all necessary terms as outlined in section 234 of the Fair Work Act 2009. This included verifying the presence of minimum wage rates, leave entitlements, and other essential conditions. Additionally, the Commission had to ensure that the agreement was made in good faith and did not undermine the ability of employees to make free choices. The Commission also considered the process through which the agreement was negotiated and whether it complied with procedural fairness.

The Fair Work Commission found that the agreement contained all the necessary terms and conditions as required by the Fair Work Act 2009. The Commission noted that the agreement was made in good faith and did not undermine the ability of employees to make free choices. The negotiation process was deemed to be procedurally fair, with both parties having an opportunity to participate and contribute to the agreement. Consequently, the Commission approved the Killard Excavation Pty Ltd Enterprise Agreement 2018-2022.

The Commission ordered that the Killard Excavation Pty Ltd Enterprise Agreement 2018-2022 be approved and registered, effective from the date of the decision. The agreement was to be binding on all employees covered by the agreement, and it was to remain in effect until the end of the specified term or until it was superseded by a new agreement.

Killard Infrastructure 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