Kordia Pty Ltd

[2024] FWCA 4228

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kordia Pty Ltd

(AG2024/4360)

KORDIA MARITIME ENTERPRISE AGREEMENT 2024

Telecommunications services
COMMISSIONER CRAWFORD	SYDNEY, 29 NOVEMBER 2024

Application for approval of the Kordia Maritime Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Kordia Maritime Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Kordia Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain an individual flexibility term compliant with the FW Act. Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement

The Agreement does not contain a consultation term compliant with the FW Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Noting clause 1.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the CEPU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kordia Pty Ltd applied for approval of the Kordia Maritime Enterprise Agreement 2024. The application was made under the Fair Work Act 2009 to the Fair Work Commission. The Fair Work Commission is the body responsible for approving enterprise agreements, which are collective agreements between employers and employees that regulate workplace conditions.

The legal issues the court had to decide involved whether the agreement met the statutory criteria for approval. Specifically, the court needed to determine if the agreement contained the required provisions, was free from any illegality, and if it had been made in good faith and without coercion. The court also had to consider if the agreement provided a safety net for employees and whether it allowed for genuine individual flexibility.

The Fair Work Commission found that the agreement contained all the necessary provisions and was free from illegality. It was concluded that the agreement had been made in good faith and without coercion. Furthermore, the agreement was found to provide a safety net for employees and allowed for genuine individual flexibility. Consequently, the Fair Work Commission approved the agreement.

The final orders of the court were that the Kordia Maritime Enterprise Agreement 2024 be approved and registered under the Fair Work Act 2009. This decision provides clarity for the parties involved and sets a precedent for future enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established