DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kirk Engineering Services (Aust) Pty Ltd T/A Kirk Group
(AG2018/2648)

KIRK GROUP ENTERPRISE AGREEMENT 2017

Graphic Arts
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 NOVEMBER 2018

Application for approval of the Kirk Group Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kirk Group Enterprise Agreement 2017 (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.

[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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to consider an application by Kirk Engineering Services (Aust) Pty Ltd, trading as Kirk Group, for the approval of the Kirk Group Enterprise Agreement 2017. The applicants sought to have the agreement, which would cover employees of the company who were part of the Electrical and Plumbing Divisions, registered under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for registration, including the requirement that it facilitated the improvement of workplace relations and did not undermine the ability of employees to protect their own interests.

The primary legal issue before the FWC was whether the Kirk Group Enterprise Agreement 2017 complied with the statutory requirements set out in the Fair Work Act. This included determining whether the agreement had been made in good faith and without coercion, and whether it facilitated the improvement of workplace relations. Additionally, the FWC had to assess whether the agreement appropriately balanced the interests of both the employer and the employees. The applicants argued that the agreement was fairly negotiated and would benefit both parties, while no objections were formally raised by any party, though certain procedural concerns were noted.

In its decision, the FWC found that the Kirk Group Enterprise Agreement 2017 did indeed meet the statutory criteria for approval. The Commission noted that the agreement had been negotiated in good faith and without coercion, and that it facilitated improvements in workplace relations. The FWC also considered that the agreement appropriately balanced the interests of both the employer and the employees, providing for fair and reasonable terms that would benefit both parties. Consequently, the FWC approved the agreement for registration.

The FWC ordered that the Kirk Group Enterprise Agreement 2017 be registered under the Fair Work Act, effective from the date of the decision. The agreement was to apply to employees of Kirk Engineering Services (Aust) Pty Ltd who were part of the Electrical and Plumbing Divisions, as specified in the application. This decision provided clarity for both the employer and the employees regarding the terms and conditions of their employment, ensuring compliance with the requirements of the Fair Work Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established