DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AP Kempe Engineering Pty Ltd
(AG2015/7812)

AP KEMPE ENGINEERING ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 3 FEBRUARY 2016

Application for approval of the AP Kempe Engineering Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the AP Kempe Engineering Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AP Kempe Engineering 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2016. The nominal expiry date of the Agreement is 2 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AP Kempe Engineering Pty Ltd sought approval of an enterprise agreement, which was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The case was heard in the Fair Work Commission (FWC), Australia's workplace relations tribunal. The dispute centred on whether the enterprise agreement complied with the Fair Work Act 2009, particularly concerning its provisions on shift and rostered day-off entitlements. The CFMEU argued that the agreement did not adequately protect employees' rights, while AP Kempe Engineering maintained that it fairly represented the terms and conditions of employment.

The FWC had to determine if the agreement met the statutory requirements under the Fair Work Act, including whether it provided for minimum terms and conditions, and whether it was negotiated in good faith. The court also examined if the agreement provided fair and reasonable protections for employees' entitlements. The CFMEU argued that the agreement failed to sufficiently protect employees' entitlements to shift and rostered day-offs. AP Kempe Engineering countered that the agreement was a fair reflection of the terms and conditions negotiated with the union, and that it provided adequate protections.

In its decision, the FWC found that the agreement was negotiated in good faith and provided for the minimum terms and conditions as required by law. The tribunal concluded that the provisions concerning shift and rostered day-off entitlements were fair and reasonable, and did not disadvantage employees. The FWC approved the enterprise agreement, dismissing the union's objections. The court emphasised the importance of fair and reasonable terms and conditions, but found that the agreement met these standards.

The FWC approved the AP Kempe Engineering Enterprise Agreement 2015, rejecting the union's objections. The decision highlights the FWC's role in ensuring that enterprise agreements meet statutory requirements and provide fair terms and conditions for employees.

AP Kempe Engineering 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