Korvest Limited

[2013] FWCA 2980

FAIR WORK COMMISSION

DECISION

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

Korvest Limited
(AG2013/955)

KORVEST LTD KILBURN ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 13 MAY 2013

Application for approval of the Korvest Ltd Kilburn Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Korvest Ltd Kilburn Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Korvest Limited. The Agreement is a single-enterprise agreement.

[2] The employer has provided an undertaking in the following terms:

“The company and employees covered by the Agreement acknowledge that there will not be a requirement for employees’ to work shiftwork pursuant to clause 41.3 of the Manufacturing and Associated Industries and Occupational Award 2010.”

[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 A.

[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 21 May 2013. The nominal expiry date of the Agreement is 28 February 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Korvest Limited was the subject of an application before the Fair Work Commission, which was seeking approval for the Korvest Ltd Kilburn Enterprise Agreement 2013. The application involved the negotiation of terms and conditions of employment for employees within the company, seeking the commission's endorsement to formalise these agreements. The dispute centred around whether the agreement met the statutory requirements under the Fair Work Act 2009 and the associated Fair Work Regulations 2009.

The court was tasked with determining whether the enterprise agreement complied with the procedural and substantive requirements set out in the legislation. Specifically, the court examined whether the agreement had been genuinely bargained, if it had been made in good faith, and if it was fair and reasonable in all its terms. Additionally, the court assessed whether the agreement adequately covered the necessary minimum terms, including wages, hours of work, and other essential conditions.

The Fair Work Commission found that the Korvest Ltd Kilburn Enterprise Agreement 2013 was made in accordance with the statutory provisions. The agreement had been the product of genuine negotiations between the employer and the employees, made in good faith, and contained terms that were fair and reasonable. The commission concluded that the agreement sufficiently addressed the mandatory minimum terms and therefore was eligible for approval. The court approved the agreement, formalising it as a legally binding document between the employer and the employees.

The final orders included the approval of the Korvest Ltd Kilburn Enterprise Agreement 2013, which would now govern the terms and conditions of employment for the relevant employees. The agreement would be registered on the Register of Approved Agreements, and the parties were required to comply with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established