Kirkland Pty Ltd T/A Force Equipment

[2014] FWCA 7544

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kirkland Pty Ltd T/A Force Equipment
(AG2014/8626)

KIRKLAND PTY LTD (TRADING AS FORCE EQUIPMENT) ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 OCTOBER 2014

Application for approval of the Kirkland Pty Ltd (trading as Force Equipment) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kirkland Pty Ltd (trading as Force Equipment) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kirkland Pty Ltd T/A Force Equipment. The agreement is a single enterprise agreement.

[2] The Applicant 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 23 October 2014 and, in accordance with s.54, will operate from 30 October 2014. The nominal expiry date of the Agreement is 22 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kirkland Pty Ltd, trading as Force Equipment, applied to the Fair Work Commission for approval of its Enterprise Agreement 2014. The application was made under the Fair Work Act 2009. The dispute centred around whether the agreement met the statutory requirements for registration, particularly concerning its compliance with minimum entitlements and the proper negotiation process.

The key legal issues the court needed to address were whether the agreement had been fairly negotiated and if it complied with the minimum standards set out in the Fair Work Act. Additionally, the court considered whether the agreement was in the best interest of the employees and whether it adhered to procedural fairness.

The court examined the negotiation process and found that it was conducted in good faith and followed the procedural requirements of the Act. The agreement was deemed to provide employees with at least the minimum entitlements prescribed by the National Employment Standards. The court also noted that the agreement was beneficial to the employees as it included provisions that went beyond the minimum standards, such as additional leave entitlements and specific protections for certain employee groups. Given these findings, the court approved the Enterprise Agreement 2014.

The final orders of the court were that the Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be binding on all employees covered by it and the employer. The approval ensured that the agreement would provide a fair and reasonable framework for the employment conditions of the employees within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established