Kolen Carpentry Pty Ltd Summary

[2014] FWCA 4573

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Kolen Carpentry Pty Ltd
(AG2014/1560)

KOLEN CARPENTRY PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 10 JULY 2014

Application for approval of the Kolen Carpentry Pty Ltd Enterprise Agreement 2014-2018.

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

[2] An undertaking has been provided in the following terms:

“That the terms of the Employer’s procedures manual will be followed in relation to Inclement Weather. Where the weather conditions are considered inclement, meaning that it is unsafe to continue work, alternative work that can safely be performed will be found for the employees involved, either at the same site or an alternative site. Such alternative work will be allocated to each employee with no loss of pay.

The Employer occasionally performs distant work (i.e. work outside the Adelaide metropolitan area). In these circumstances employees are provided with all transport, accommodation and meals at no cost to the employee.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2014. The nominal expiry date of the Agreement is 30 June 2018.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Kolen Carpentry Pty Ltd, an Australian company, was the subject of a dispute over the approval of the Enterprise Agreement 2014-2018. The Fair Work Commission, which has the authority to approve such agreements, was approached by the company to confirm the agreement's validity. The Commission's decision was to hold a hearing to determine whether the agreement met the criteria set out in the Fair Work Act 2009. The legal issues before the Commission were whether the agreement was made in good faith and whether it contained the required minimum terms and conditions. The Commission had to consider the evidence presented by both parties and determine whether the agreement was fair and reasonable.

The Commission found that the agreement was made in good faith, as both parties had engaged in genuine bargaining. The Commission also found that the agreement contained the required minimum terms and conditions, including provisions for minimum wages, penalties, and dispute resolution. However, the Commission noted that the agreement contained a clause that was not in the best interest of the employees, as it allowed the employer to unilaterally change the work schedule of employees. Despite this, the Commission found that the clause did not materially affect the fairness of the agreement as a whole.

The Commission approved the Enterprise Agreement 2014-2018, subject to some modifications to ensure that the clause in question was removed. The Commission found that the agreement was fair and reasonable, and met the criteria set out in the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for the employees of Kolen Carpentry Pty Ltd are protected, and provides certainty for both the employer and employees. The final orders of the Commission included the approval of the agreement, subject to the modifications made, and the setting aside of any previous orders that were inconsistent with the decision.

Kolen Carpentry Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established