DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KLH Australia Pty Ltd
(AG2016/4854)

KLH AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Oil and gas industry
COMMISSIONER GREGORY	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the KLH AUSTRALIA Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the KLH AUSTRALIA Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KLH Australia Pty Ltd. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2016. The nominal expiry date of the Agreement is 19 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by KLH Australia Pty Ltd for approval of the KLH Australia Pty Ltd Enterprise Agreement 2016. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission addressed were whether the agreement provided for terms and conditions that were no less favourable than the relevant awards and whether it satisfied the requirements of the Fair Work Act, including the good faith bargaining provisions. The Commission also considered the fairness of the agreement's terms, the extent to which it complied with the safety net provided by the National Employment Standards, and the overall balance of rights and obligations between the parties.

In delivering its decision, the Commission found that the proposed agreement was fair and reasonable. It determined that the terms and conditions provided for in the agreement were no less favourable than those contained in the relevant awards, and that the agreement complied with the good faith bargaining provisions. The Commission noted that the agreement provided adequate protections for employees, including provisions relating to leave, overtime, and other employment entitlements. The Commission concluded that the agreement was consistent with the objectives of the Fair Work Act and approved the application for its registration.

As a result of the decision, the KLH Australia Pty Ltd Enterprise Agreement 2016 was registered, and its terms and conditions became binding on the parties from the effective date specified in the agreement. The registration of the agreement ensured that employees would benefit from the agreed terms and conditions of employment, while also providing certainty and predictability for employers in managing their workforce.

KLH Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established