DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kounis Metal Industries Pty Ltd
(AG2016/1783)

KOUNIS METAL INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 11 AUGUST 2016

Application for approval of the Kounis Metal Industries Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Kounis Metal Industries Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kounis Metal Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 11 August 2016 and, in accordance with s.54, will operate from 18 August 2016. The nominal expiry date of the Agreement is 11 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Kounis Metal Industries Pty Ltd, the employer, and the Metal Trades Union of Australia, the union representing the employees. The union sought approval of an enterprise agreement between the parties, which had been negotiated and agreed upon. The nature of the dispute centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in good faith and free from coercion, whether it contained the necessary minimum terms and conditions, and whether it complied with the provisions of the Fair Work Act. Additionally, the Commission had to consider whether the agreement provided a fair and reasonable outcome for both the employer and the employees.

The Fair Work Commission found that the agreement was made in good faith and was not coerced, as it was negotiated between the parties over a period of time and included input from both sides. The Commission also determined that the agreement contained all the necessary minimum terms and conditions required by the Fair Work Act. Furthermore, the agreement was found to provide a fair and reasonable outcome for both the employer and the employees. Therefore, the Commission approved the Kounis Metal Industries Pty Ltd Enterprise Agreement 2016.

As a result of the Commission's decision, the enterprise agreement was approved and will now be binding on the parties. The terms and conditions set out in the agreement will govern the employment relationship between Kounis Metal Industries Pty Ltd and the Metal Trades Union of Australia for the duration of the agreement. The approval of the agreement ensures that both the employer and the employees have a clear understanding of their rights and obligations under the agreement, promoting a harmonious workplace.

Kounis Metal Industries 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