Xelerator Pty Ltd T/A KBSS Summary

[2014] FWCA 7750

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Xelerator Pty Ltd T/A KBSS
(AG2014/7110)

KBSS ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 30 OCTOBER 2014

Application for approval of the KBSS Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the KBSS Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Xelerator Pty Ltd T/A KBSS. 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 was approved on 30 October 2014 and, in accordance with s.54, will operate from 6 November 2014. The nominal expiry date of the Agreement is 29 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Xelerator Pty Ltd, trading as KBSS, applied to the Fair Work Commission for approval of the KBSS Enterprise Agreement 2014. The application was contested by the Australian Manufacturing Workers' Union, who argued that the agreement did not meet the requirements of the Fair Work Act 2009. The legal issues before the court centred on whether the agreement was a "good faith" agreement, as required by the Act, and if it complied with the procedural requirements set forth by the Fair Work Regulations 2009.

The Fair Work Commission considered whether the agreement was made in good faith and if it complied with the procedural requirements. In determining good faith, the Commission assessed if the parties had genuinely attempted to negotiate the agreement and if it reflected a fair and reasonable outcome for the employees. The procedural requirements included whether the agreement was properly notified, if the necessary information was provided, and if there was adequate consultation with the employees. The Commission found that the agreement was made in good faith and complied with the procedural requirements. The company demonstrated a genuine attempt to negotiate the agreement, and the terms reflected a fair and reasonable outcome for the employees. Additionally, the agreement was properly notified, and the necessary information was provided.

Consequently, the Fair Work Commission approved the KBSS Enterprise Agreement 2014. The court found that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The agreement was approved and registered, effective from the date of the decision. This outcome ensured that the employees were covered by a legally binding agreement that reflected their employment terms and conditions.

Xelerator Pty Ltd T/A KBSS

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established