Keemin Pty Ltd Summary

[2021] FWCA 6344

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keemin Pty Ltd
(AG2021/7815)

KEEMIN PTY LTD ENTERPRISE AGREEMENT 2021 -
2025.

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 OCTOBER 2021

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

[1] An application has been made for approval of an enterprise agreement to be known as the Keemin Pty Ltd Enterprise Agreement 2021 - 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Keemin Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2021. The nominal expiry date of the Agreement is 20 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Keemin Pty Ltd sought approval for its Enterprise Agreement 2021-2025, which was challenged by various parties concerned about the implications of the agreement on employee conditions. The Fair Work Commission was tasked with assessing the application and determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements for an enterprise agreement and whether the agreement was in the best interests of the employees. The Commission needed to consider whether the agreement was negotiated in good faith, whether it met the "better off overall test" and whether it complied with the "public interest test." The Commission also had to consider submissions from various stakeholders, including the employer and the employees.

After examining the evidence and submissions, the Commission found that the agreement had been negotiated in good faith and met the "better off overall test." The Commission considered that the agreement provided for fair and reasonable terms and conditions, including wages, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement was in the best interests of the employees and met the public interest test. Consequently, the Commission approved the Keemin Pty Ltd Enterprise Agreement 2021-2025.

The Commission ordered that the Enterprise Agreement be registered and have effect from the date of the decision. The Commission also directed that the agreement be served on all relevant parties and published on the Fair Work Commission's website. The employer was required to implement the agreement and ensure compliance with its terms. The employees were entitled to the benefits and protections provided for in the agreement.

Keemin Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established