DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Konekt Employment Pty Ltd
(AG2018/4750)

KONEKT EMPLOYMENT ENTERPRISE AGREEMENT, 2018

Clerical industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 30 JANUARY 2019

Application for approval of the Konekt Employment Enterprise Agreement, 2018.

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

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Konekt Employment Pty Ltd involved the applicant seeking approval of the Konekt Employment Enterprise Agreement, 2018. The Fair Work Commission was the tribunal hearing the matter. The applicant, a company in the employment sector, aimed to have the enterprise agreement recognised and enforceable under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the legal requirements and if it was fairly negotiated.

The primary legal issues before the Commission were whether the agreement met the procedural and substantive fairness criteria. Procedural fairness required the Commission to assess if the agreement was made in good faith and followed appropriate processes. Substantive fairness examined if the agreement provided for fair and reasonable terms and conditions of employment. Additionally, the Commission needed to verify that the agreement contained the mandatory minimum terms stipulated by the Fair Work Act.

The Commission found that the agreement was procedurally fair, as it was the product of genuine negotiation between the employer and the employees. The agreement was also substantively fair, providing for terms and conditions that were reasonable and balanced. It included provisions that met the mandatory minimum standards set out in the Fair Work Act. Consequently, the Commission approved the enterprise agreement, recognising it as a valid and enforceable document under the Act.

The final orders of the Commission were that the Konekt Employment Enterprise Agreement, 2018, was approved and registered under the Fair Work Act 2009. This approval meant the agreement would govern the employment terms and conditions of the relevant employees, providing a legally binding framework for their relationship with the employer.

Konekt Employment 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