DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kwikform Industrial Services Pty Limited T/A KIS Pty Ltd
(AG2021/5461)

KWIKFORM INDUSTRIAL SERVICES (VICTORIA) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 JUNE 2021

Application for approval of the Kwikform Industrial Services (Victoria) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Kwikform Industrial Services (Victoria) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kwikform Industrial Services Pty Limited T/A KIS Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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.

[4] The Agreement was approved on 16 June 2021 and, in accordance with s.54, will operate from 23 June 2021. The nominal expiry date of the Agreement is 15 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kwikform Industrial Services Pty Limited, trading as KIS Pty Ltd, applied to the Fair Work Commission for approval of the Kwikform Industrial Services (Victoria) Enterprise Agreement 2021. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly regarding the provisions for penalty rates and the classification of employees. The Commission was tasked with determining whether the agreement met the criteria for a modern award and if it provided for the minimum terms and conditions as required by the Act.

The legal issues before the Commission included whether the agreement appropriately categorised employees, particularly those who were to be paid at penalty rates, and if the terms and conditions were fair and reasonable. The applicant argued that the agreement was in line with the requirements of the Act, while the respondent raised concerns about the classification of certain workers and the fairness of the penalty rates. The Commission had to assess the agreement against the provisions of the Fair Work Act, ensuring it did not unfairly discriminate and provided for the minimum entitlements as stipulated by law.

The Fair Work Commission found that the agreement was largely compliant with the Fair Work Act, noting that the classification of employees and the provisions for penalty rates were appropriate. The Commission determined that the agreement met the requirements for a modern award and provided for the minimum terms and conditions as required by the Act. The Commission also considered the fairness of the agreement, taking into account the need for flexibility in the workforce and the balance of interests between employers and employees.

The Fair Work Commission approved the Kwikform Industrial Services (Victoria) Enterprise Agreement 2021, confirming its compliance with the Fair Work Act and its provision of the minimum terms and conditions. The Commission's decision was based on a comprehensive analysis of the agreement's provisions and their alignment with the legislative framework.

Kwikform Industrial Services Pty Limited T/A KIS 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