Klean Integrated Services Pty Ltd

[2018] FWCA 7082

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Klean Integrated Services Pty Ltd

(AG2018/3163)

Klean Integrated Services Pty Ltd Enterprise Agreement 2018

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 19 NOVEMBER 2018

Application for approval of the Klean Integrated Services Pty Ltd Enterprise Agreement 2018..

An application has been made for approval of an enterprise agreement known as the Klean Integrated Services Pty Ltd Enterprise Agreement 2018. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Klean Integrated Services Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2018. The nominal expiry date of the Agreement is 18 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Fair Work Commission was presented with an application for the approval of the Klean Integrated Services Pty Ltd Enterprise Agreement 2018. The applicant, Klean Integrated Services Pty Ltd, sought approval of the agreement that was negotiated with its employees, represented by the Australian Manufacturing Workers' Union. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement and whether these terms complied with the relevant provisions of the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement provided for terms and conditions of employment that were no less favourable than the applicable awards and whether it met the requirements for 'better off overall' as stipulated by the Act. Additionally, the Commission needed to determine if the agreement was made in good faith and if the necessary procedural requirements were followed during its negotiation and making.

In considering these issues, the Fair Work Commission examined the proposed agreement's provisions against the Fair Work Act's criteria for approval. The Commission noted that the agreement contained terms that were, in most respects, no less favourable than the applicable awards. It also found that the agreement was made in good faith and that the procedural requirements were met. The Commission further determined that the employees would be 'better off overall' under the proposed agreement compared to the existing award conditions. Consequently, the Commission approved the application for the agreement's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established