DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kwikform Industrial Services Pty Ltd
(AG2018/7378)

KIS PTY LTD SOUTH32 WORSLEY ALUMINA SITE ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 APRIL 2019

Application for approval of the KIS Pty Ltd South32 Worsley Alumina Site Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the KIS Pty Ltd South32 Worsley Alumina Site Enterprise Agreement 2018 (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 Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2019. The nominal expiry date of the Agreement is 23 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kwikform Industrial Services Pty Ltd (KIS), sought approval of an enterprise agreement under the Fair Work Act 2009 for its employees working at the South32 Worsley Alumina Site. The respondent, the Australian Council of Trade Unions, contested the application, raising concerns about the agreement's provisions and their potential impact on employees. The Fair Work Commission was tasked with determining whether the agreement should be approved.

The central legal issues revolved around whether the agreement complied with the requirements of the Fair Work Act and if it was in the best interests of the employees. The Commission examined various aspects of the agreement, including pay rates, working conditions, and the process by which the agreement was negotiated. The applicant argued that the agreement was fairly negotiated and met all legal standards, while the respondent contended that certain provisions were unfair and did not adequately protect employee rights.

The Fair Work Commission found that the agreement largely complied with the Fair Work Act, noting that it was negotiated in good faith and covered essential terms and conditions of employment. The Commission acknowledged the respondent's concerns but determined that the agreement was fair and in the best interests of the employees overall. The Commission highlighted that the agreement provided for reasonable pay rates, conditions, and dispute resolution mechanisms, which were adequate to protect employees' interests.

The Commission approved the KIS Pty Ltd South32 Worsley Alumina Site Enterprise Agreement 2018, subject to certain modifications to address the respondent's concerns about the classification of employees and the process for resolving disputes. The modifications ensured that the agreement better protected employee rights and provided clearer guidelines for dispute resolution. The decision was made in the interest of promoting fair and efficient workplace relations while recognising the rights and needs of both employers and employees.

Kwikform Industrial Services 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