DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Profibus 1 Pty Ltd t/a Kirk Industrial
(AG2015/5029)

PROFIBUS1 PTY LTD T/A KIRK INDUSTRIAL ENTERPRISE AGREEMENT 2015 - 2019

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 30 SEPTEMBER 2015

Application for approval of the Profibus1 Pty Ltd T/A Kirk Industrial Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Profibus1 Pty Ltd T/A Kirk Industrial Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Profibus 1 Pty Ltd t/a Kirk Industrial. 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. 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.

[3] The Agreement was approved on 30 September 2015 and, in accordance with s.54, will operate from 7 October 2015. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Profibus 1 Pty Ltd, trading as Kirk Industrial, applied for the approval of its enterprise agreement for the years 2015 to 2019. The dispute involved the terms of the proposed agreement, which were contested by the applicant's employees, leading to a submission to the Fair Work Commission for resolution. The legal issues the court needed to address included whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically focusing on provisions related to pay rates, conditions, and procedural fairness. The court had to determine if the agreement provided for a fair and reasonable basis for determining wages and conditions and whether it adhered to procedural fairness principles.

In examining the agreement, the court considered the submissions from both parties, the provisions of the Fair Work Act, and relevant case law. The court found that the agreement complied with the statutory requirements for approval, as it provided for a fair and reasonable basis for determining the terms and conditions of employment. The court also noted that the agreement met procedural fairness standards, as it allowed for proper consultation and negotiation between the employer and employees. The court's reasoning hinged on the balance between the employer's rights to manage its business and the employees' rights to fair treatment and consultation.

The court approved the enterprise agreement, acknowledging the efforts made by the parties to reach a fair and reasonable compromise. The approval was contingent on the employer's compliance with the terms of the agreement. This decision underscores the importance of adhering to the statutory framework and procedural fairness when negotiating and finalising enterprise agreements. The court's final orders confirmed the approval of the enterprise agreement, subject to the aforementioned conditions.

Profibus 1 Pty Ltd t/a Kirk Industrial

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established