DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kwikform Maintenance Services Limited T/A Kwikform Maintenance Services Limited
(AG2018/3319)

KMS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 NOVEMBER 2018

Application for approval of the KMS Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the KMS 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 Maintenance Services Limited T/A Kwikform Maintenance Services Limited. 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 9 November 2018 and, in accordance with s.54, will operate from 16 November 2018. The nominal expiry date of the Agreement is 16 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kwikform Maintenance Services Limited T/A Kwikform Maintenance Services Limited recently sought approval of an enterprise agreement from the Fair Work Commission. The dispute arose from negotiations between Kwikform and the Construction, Forestry, Maritime, Mining and Energy Union, which sought to represent the employees of Kwikform. The matter was heard by the Commission, presided over by Commissioner Hine. The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant statutory requirements under the Fair Work Act 2009. This included examining if the agreement had been fairly negotiated, if it included the necessary minimum terms and conditions, and whether it adhered to procedural requirements.

The Commission engaged in a detailed examination of the negotiation process and the contents of the agreement. The analysis included assessing if the agreement was reached through genuine bargaining, if it covered all necessary terms and conditions, and if it met the statutory minimum standards. The Commission also considered the fairness of the agreement's terms and the adequacy of the consultation process. Ultimately, the Commission found that the agreement was fairly negotiated and met all statutory requirements. The terms were deemed to be reasonable and in compliance with the Fair Work Act, including the minimum entitlements prescribed by the relevant awards.

In light of the findings, the Commission approved the KMS Enterprise Agreement 2018. The decision recognised the fairness of the negotiation process and the comprehensiveness of the agreement's terms. The approval was granted on the basis that the agreement provided a fair and reasonable framework for the employment of Kwikform's workers, adhering to all legal standards and procedural requirements. The final orders confirmed the approval of the enterprise agreement, which would now serve as the basis for the employment conditions of the relevant workers.

Kwikform Maintenance Services Limited T/A Kwikform Maintenance Services Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established