Kirk Engineering Services (Aust) Pty Ltd T/A Kirk Group

[2021] FWCA 7314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kirk Engineering Services (Aust) Pty Ltd T/A Kirk Group
(AG2021/8662)

KIRK GROUP ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 24 DECEMBER 2021

Application for approval of the Kirk Group Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Kirk Group Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kirk Engineering Services (Aust) Pty Ltd T/A Kirk Group. 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. The undertakings are taken to be a term of 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] I observe that clause 5(a) of the Agreement incorporates the Graphic Arts Award 2000 (the Award) as it was on 1 March 2006. The Award contains provisions which are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2021. The nominal expiry date of the Agreement is 31 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Kirk Engineering Services (Aust) Pty Ltd T/A Kirk Group applied for approval of the Kirk Group Enterprise Agreement 2021. The application was made under section 231 of the Fair Work Act 2009. The parties involved included Kirk Engineering Services as the employer and various unions representing the employees. The primary dispute concerned the terms and conditions of employment as outlined in the proposed enterprise agreement, including wages, working hours, and other employment-related matters.

The legal issues before the Commission included whether the proposed agreement met the criteria for approval under the Fair Work Act, specifically whether it provided for a fair and efficient workplace, and if it had been negotiated in good faith. The Commission also considered if the agreement contained provisions that were contrary to public policy or were otherwise unenforceable. Furthermore, the Commission examined whether the agreement provided adequate protections for employees and if it facilitated productive and harmonious workplace relations.

The Commission found that the proposed enterprise agreement was fair and efficient, and had been negotiated in good faith. The agreement provided for reasonable terms and conditions of employment, ensuring adequate protections for employees while facilitating productive workplace relations. The Commission determined that the agreement did not contain any provisions that were contrary to public policy or unenforceable. Consequently, the application for approval was successful, and the Kirk Group Enterprise Agreement 2021 was approved as per the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established