Keemin Pty Ltd

[2022] FWCA 3792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Keemin Pty Ltd

(AG2022/4417)

Keemin Pty Ltd Enterprise Agreement 2021 - 2025

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	ADELAIDE, 28 OCTOBER 2022

Application for variation of the Keemin Pty Ltd Enterprise Agreement 2021 - 2025

An application has been made for approval of a variation to the Keemin Pty Ltd Enterprise Agreement 2021 - 2025 (the Agreement). The application was made by Keemin Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 28 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Keemin Pty Ltd was the subject of an application to the Fair Work Commission (FWC) for the variation of the Keemin Pty Ltd Enterprise Agreement 2021 - 2025. The application was brought by the employer, seeking changes to various terms and conditions of employment, including adjustments to pay rates and working hours. The union representing the employees contested the application, arguing that the proposed changes would negatively impact the workforce's rights and entitlements.

The legal issues before the FWC were whether the proposed changes were fair and reasonable, and whether the application met the statutory requirements for a variation of the enterprise agreement. The FWC was required to determine whether the changes were in line with the principles of good faith bargaining and whether they provided a fair outcome for both parties. The court also needed to consider whether the application was made in good faith and whether the employer had complied with the necessary procedural requirements.

The FWC found that the application was made in good faith and that the employer had followed the appropriate procedures. However, the FWC held that the proposed changes were not fair and reasonable, particularly in relation to the reduction of pay rates and alteration of working hours. The FWC concluded that the changes would significantly disadvantage the employees and did not reflect a fair outcome. The application was dismissed, and the enterprise agreement remained unchanged.

The FWC ordered that the application be dismissed and that the enterprise agreement remain in force as it stood. The FWC did not make any further orders regarding the terms and conditions of employment, leaving them to be governed by the existing agreement. The employer was also ordered to pay the union's costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established