[2014] FWCA 8646

The attached document replaces the document previously issued with the above code on 2 December 2014.

The name of the agreement in the title line of the preamble to the decision is corrected to read “KME SERVICES PTY LTD ENTERPRISE AGREEMENT 2014-2018”

Bronwyn Brown

Associate to Deputy President Lawrence

Dated: 18 May 2015

[2014] FWCA 8646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KME Services Pty Ltd
(AG2014/8187)

KME SERVICES PTY LTD ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 2 DECEMBER 2014

Application for approval of the KME Services Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the KME Services Pty Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 9 December 2014. The nominal expiry date of the Agreement is 4 years from approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved an application for the approval of the KME Services Pty Ltd Enterprise Agreement 2014 - 2018. The applicant, KME Services Pty Ltd, sought to have the agreement registered under the Fair Work Act 2009. The respondents, who were the employees' representatives, contested the application on various grounds, primarily arguing that the agreement did not meet the legal requirements for approval.

The central legal issues before the Commission were whether the enterprise agreement complied with the statutory requirements outlined in the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it was made for the purpose of creating an enterprise agreement, and whether it contained all the required terms and conditions. Additionally, the Commission had to determine if the agreement was certified by a relevant independent statutory body as meeting the "better off overall test" (BOOT) and whether the agreement adhered to procedural requirements such as proper consultation and notice provisions.

In its decision, the Commission carefully examined the provisions of the agreement and the processes followed in its creation. The Commission found that the agreement did indeed meet the statutory criteria for approval. It was concluded that the agreement was made in good faith and for the purpose of creating an enterprise agreement. Furthermore, the Commission determined that the agreement satisfied the BOOT and that all procedural requirements were properly observed. Consequently, the Commission approved the agreement and ordered that it be registered.

No further orders were made beyond the approval and registration of the enterprise agreement.

KME Services 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