DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keech Castings Australia Pty Limited
(AG2018/7307)

KEECH CASTINGS AUSTRALIA PTY LTD COLLECTIVE AGREEMENT 2018

Clerical industry
COMMISSIONER LEE	MELBOURNE, 27 MAY 2019

Application for approval of the Keech Castings Australia Pty Ltd Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Keech Castings Australia Pty Ltd Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Keech Castings Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 11.1 – Casual Employment

• Clause 33 – Abandonment of Employment.

However, noting clause 5.1.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2019. The nominal expiry date of the Agreement is 26 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Keech Castings Australia Pty Limited was before the Fair Work Commission. The parties involved in the dispute were Keech Castings Australia Pty Limited and the relevant trade unions. The dispute centred around the approval of the Keech Castings Australia Pty Ltd Collective Agreement 2018. The Fair Work Commission was required to determine whether the agreement met the necessary legal criteria for approval.

The legal issues the court needed to address included whether the agreement contained the required minimum terms and conditions, whether the agreement was consistent with the relevant legislation, and whether the agreement was made in good faith. Furthermore, the court had to consider whether the agreement provided fair and reasonable terms for the employees and the employer.

In its decision, the Fair Work Commission found that the Keech Castings Australia Pty Ltd Collective Agreement 2018 met the necessary legal criteria for approval. The Commission held that the agreement contained the required minimum terms and conditions and was consistent with the relevant legislation. The Commission was satisfied that the agreement was made in good faith and provided fair and reasonable terms for both the employees and the employer. Consequently, the Commission approved the agreement, and it will now form the basis for employment conditions between Keech Castings Australia Pty Limited and the relevant unions.

The final orders of the Fair Work Commission were that the Keech Castings Australia Pty Ltd Collective Agreement 2018 be approved and registered. The agreement would now serve as a binding contract between the parties and govern the employment terms and conditions of the employees covered by the agreement.

Keech Castings Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established