DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K & R Fabrications (Wollongong) Pty Ltd
(AG2017/4999)

K&R FABRICATIONS (W’GONG) PTY LTD (PORT KEMBLA STEELWORKS) MAINTENANCE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 NOVEMBER 2017

Application for approval of the K&R Fabrications (W’Gong) Pty Ltd (Port Kembla Steelworks) Maintenance Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the K&R Fabrications (W’Gong) Pty Ltd (Port Kembla Steelworks) Maintenance Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by K & R Fabrications (Wollongong) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2017. The nominal expiry date of the Agreement is 26 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of K & R Fabrications (Wollongong) Pty Ltd, the Fair Work Commission was presented with an application for the approval of the K&R Fabrications (Port Kembla Steelworks) Maintenance Enterprise Agreement 2017. The applicant, K & R Fabrications, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The application was contested by various unions and individual employees who argued that the agreement did not meet the necessary requirements for registration.

The primary legal issues before the Commission were whether the agreement had been made in good faith, whether it contained the mandated minimum terms and conditions, and whether it had been properly negotiated. The Commission also had to consider whether the agreement provided for an effective means of dispute resolution and whether it met the requirement for majority support among the employees it covered. Additionally, the Commission examined whether the application process had been conducted appropriately and whether the agreement met the statutory criteria for approval.

The Fair Work Commission, after reviewing the evidence and submissions, found that the agreement had been made in good faith and that it contained all the mandated minimum terms and conditions. The Commission determined that the negotiation process had been appropriate and that the agreement provided for an effective means of dispute resolution. The majority support requirement was also met, as evidenced by the approval of the agreement by the requisite number of employees. The Commission concluded that all statutory criteria for approval had been satisfied.

As a result, the Commission approved the K&R Fabrications (Port Kembla Steelworks) Maintenance Enterprise Agreement 2017, registering it as a registered enterprise agreement under the Fair Work Act 2009. This decision was made on the basis that the agreement met all necessary legal requirements and was supported by the majority of the employees it covered. The approval now allows the agreement to be in effect, governing the terms and conditions of employment for the relevant workforce.

K & R Fabrications (Wollongong) 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