KMN Constructions Pty Ltd T/A KMN Constructions Pty Ltd

[2023] FWCA 347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

KMN Constructions Pty Ltd T/A KMN Constructions Pty Ltd

(AG2023/16)

KMN CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2022 -2026

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 3 FEBRUARY 2023

Application for approval of the KMN Constructions Pty Ltd Enterprise Agreement 2022 - 2026

An application has been made for approval of an enterprise agreement to be known as the KMN Constructions Pty Ltd Enterprise Agreement 2022 - 2026 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by KMN Constructions Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 2 February 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-site Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2023. The nominal expiry date of the Agreement is 3 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

KMN Constructions Pty Ltd, trading as KMN Constructions Pty Ltd, filed an application with the Fair Work Commission seeking approval of the Enterprise Agreement 2022 - 2026. The enterprise agreement, which aimed to regulate the working conditions and terms for employees within the company, was contested by a party who argued that certain provisions did not meet the requirements of the Fair Work Act 2009. The court was tasked with determining whether the agreement complied with the necessary legal standards and if it was in the best interest of the employees involved.

The primary legal issues before the court were whether the enterprise agreement contained all the mandated terms and conditions as required by the Fair Work Act, and if the agreement was fair and reasonable for the employees. The court also needed to consider whether the agreement was made in good faith and whether it provided adequate protections and benefits for the employees. Furthermore, the court had to assess if the agreement was negotiated fairly and whether it adhered to the provisions of the Fair Work (Registered Organisations) Act 2009.

After carefully reviewing the provisions of the enterprise agreement and considering the submissions from both parties, the court found that the agreement contained all the required terms and conditions as outlined in the Fair Work Act. The court concluded that the agreement was fair and reasonable for the employees, made in good faith, and provided adequate protections and benefits. It was also determined that the agreement was negotiated fairly and adhered to the relevant provisions of the Fair Work (Registered Organisations) Act. Based on these findings, the court approved the KMN Constructions Pty Ltd Enterprise Agreement 2022 - 2026, thereby granting the applicant's request for its approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established