Netronix Pty Ltd T/A Killara Services

[2024] FWCA 1401

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Netronix Pty Ltd T/A Killara Services

(AG2024/1191)

KILLARA SERVICES AND UNITED WORKERS UNION MELBOURNE AIRPORT ENTERPRISE AGREEMENT 2024 -2027

Cleaning services
COMMISSIONER MIRABELLA	MELBOURNE, 18 APRIL 2024

Application for approval of the Killara Services and United Workers Union Melbourne Airport Enterprise Agreement 2024 -2027.

An application has been made for approval of a greenfields agreement known as the Killara Services and United Workers Union Melbourne Airport Enterprise Agreement 2024 -2027 (Agreement). The application was made by Netronix Pty Ltd T/A Killara Services pursuant to s.185 of the Fair Work Act 2009 (Act).

The Agreement meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the United Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the UWU and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2024. The nominal expiry date of the Agreement is 1 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Netronix Pty Ltd, trading as Killara Services, applied to the Fair Work Commission for approval of the Killara Services and United Workers Union Melbourne Airport Enterprise Agreement 2024-2027. The application arose from a dispute over the terms of the proposed enterprise agreement between the employer and the union. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement contained all the required terms, whether it was fairly negotiated, and if it met the good faith bargaining requirements. Additionally, the Commission needed to consider whether the agreement complied with the provisions concerning minimum entitlements and the prohibition against discrimination. The Commission also examined whether the agreement contained any terms that might be contrary to public policy.

The Commission found that the agreement contained all the required terms and was fairly negotiated. The parties had engaged in good faith bargaining, and the agreement did not contain any terms that were contrary to public policy or minimum entitlements. Furthermore, the Commission was satisfied that the agreement did not discriminate against any class of employees. After considering all the evidence and arguments presented, the Commission approved the enterprise agreement. The approval was made effective from the date specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established