DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Klimate Solutions Pty Ltd
(AG2015/4022)

KLIMATE SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 24 AUGUST 2015

Application for approval of the Klimate Solutions Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Klimate Solutions Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Klimate Solutions 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 31 August 2015. The nominal expiry date of the Agreement is 30 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves Klimate Solutions Pty Ltd, an employer, and its employees, represented by a union. The union sought approval of an enterprise agreement, specifically the Klimate Solutions Pty Ltd Enterprise Agreement 2015. The application for approval was heard by the Fair Work Commission, an industrial relations tribunal in Australia. The primary issue before the Commission was whether the agreement complied with the relevant legislative provisions, particularly concerning procedural fairness and the scope of its coverage.

The Commission examined whether the union had followed the necessary procedures to achieve a genuine agreement with the employer. This included verifying if the union had properly consulted with its members and whether the agreement had been fairly negotiated. Furthermore, the Commission had to assess if the agreement contained all the mandatory terms as stipulated by the Fair Work Act 2009 and whether it was consistent with the statutory framework governing industrial relations. The scope of the agreement and its implications for the employees and the employer were also scrutinized.

The Fair Work Commission determined that the union had complied with the procedural requirements and that the agreement had been fairly negotiated. The Commission found that the agreement met all the mandatory terms under the Fair Work Act and was consistent with the statutory framework. Consequently, the application for approval was granted. The Commission's decision confirmed the validity and enforceability of the Klimate Solutions Pty Ltd Enterprise Agreement 2015.

Klimate Solutions 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