DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kinsman PDL Pty Ltd T/A Kinsman PDL
(AG2015/3199)

KINSMAN PDL PTY LTD ENTERPRISE AGREEMENT - 2015/2019

Electrical contracting industry
COMMISSIONER LEE	HOBART, 7 JULY 2015

Application for approval of the Kinsman PDL Pty Ltd Enterprise Agreement - 2015/2019.

[1] An application has been made for approval of an enterprise agreement known as the Kinsman PDL Pty Ltd Enterprise Agreement - 2015/2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kinsman PDL Pty Ltd T/A Kinsman PDL. 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] The Agreement was approved on 7 July 2015 and, in accordance with s.54 of the Act, will operate from 14 July 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

Kinsman PDL Pty Ltd, trading as Kinsman PDL, applied to the Fair Work Commission for approval of an Enterprise Agreement (EA) with its employees, covering the period 2015 to 2019. The application was met with opposition from the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the proposed EA did not meet the requirements of the Fair Work Act 2009 (Cth) and Fair Work Regulations 2009 (Cth). The dispute centred on various provisions within the EA, particularly those concerning pay rates, penalties for unauthorised absence, and the definition of casual employment.

The primary legal issues before the Fair Work Commission were whether the proposed EA complied with the statutory requirements for enterprise agreements under the Fair Work Act, and whether the agreement's provisions were fair and reasonable in the circumstances. The CFMEU contended that certain clauses in the EA were overly punitive and not in line with contemporary industrial standards, while Kinsman PDL argued that the EA represented a fair and reasonable outcome for both parties.

In its decision, the Fair Work Commission examined the provisions of the proposed EA against the statutory criteria for approval. The Commission found that, while some of the provisions raised legitimate concerns, others were acceptable and in line with current industrial standards. The Commission made several modifications to the EA to address the concerns raised, particularly around the penalties for unauthorised absence and the definition of casual employment. The Commission concluded that, with the amended provisions, the EA met the necessary criteria for approval and was fair and reasonable for the purposes of the Act.

The Fair Work Commission approved the EA as amended, subject to the parties entering into a deed of amendment to reflect the changes. This outcome balanced the interests of both Kinsman PDL and its employees, while ensuring compliance with the statutory requirements for enterprise agreements.

Kinsman PDL Pty Ltd T/A Kinsman PDL

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established