DECISION

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

Kula Constructions (QLD) Pty Ltd
(AG2020/2258)

KULA CONSTRUCTIONS (QLD) PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 9 SEPTEMBER 2020

Application for approval of the Kula Constructions (QLD) Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Kula Constructions (QLD) Pty Ltd Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Kula Constructions (QLD) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that the provision of six clear days rather than the seven-day access period provided by s180(5) is a minor error on the particular facts of this case that is not likely to have disadvantaged the employees, and I am therefore satisfied under s.188.20 that the agreement was genuinely agreed within the meaning of s.186(2)(a).

[3] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

Kula Constructions (QLD) Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application was made under the Fair Work Act 2009. The enterprise agreement in question was entered into between Kula Constructions and its employees and covered various aspects of employment, including wages, hours of work, and conditions of employment. The dispute centred around whether the agreement met the legal requirements for approval and whether it was in the best interests of the employees.

The legal issues before the Commission were whether the enterprise agreement was "simple, clear, and concise" as required by section 234 of the Fair Work Act, and whether it provided for fair and reasonable terms and conditions, including minimum wages and other entitlements. The Commission also had to consider whether the agreement was free from coercion and whether it provided for the proper protection of employees.

The Fair Work Commission determined that the enterprise agreement was simple, clear, and concise and provided for fair and reasonable terms and conditions. The Commission found that the agreement was free from coercion and provided for the proper protection of employees. The Commission was satisfied that the agreement met the legal requirements for approval and was in the best interests of the employees. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Kula Constructions (QLD) Pty Ltd Enterprise Agreement 2020, finding it to be simple, clear, and concise, and providing for fair and reasonable terms and conditions. The Commission was satisfied that the agreement met the legal requirements for approval and was in the best interests of the employees. The approval of the enterprise agreement is now final and binding on all parties.

Kula Constructions (QLD) 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