DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keemin Pty Ltd
(AG2019/707)

KEEMIN PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 20 MAY 2019

Application for approval of the Keemin Pty Ltd Enterprise Agreement 2019 - 2023.

[1] Application has been made for approval of a single enterprise agreement known as the Keemin Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Keemin Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2019. The nominal expiry date of the Agreement is 19 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Keemin Pty Ltd applied to the Fair Work Commission for the approval of the Keemin Pty Ltd Enterprise Agreement 2019 - 2023. The application was made by the employer, and the dispute arose from negotiations between the employer and the employees regarding the terms and conditions of their employment. The Fair Work Commission was the court that heard and decided the case.

The legal issues before the court were whether the proposed enterprise agreement complied with the relevant legislative provisions and whether it was in the best interests of the employees. The court was required to consider whether the agreement provided fair and reasonable terms and conditions of employment, and whether it was consistent with the principles of the Fair Work Act 2009.

The Fair Work Commission found that the proposed enterprise agreement complied with the relevant legislative provisions and was in the best interests of the employees. The court considered the submissions and evidence provided by both parties and was satisfied that the agreement provided fair and reasonable terms and conditions of employment. The court also found that the agreement was consistent with the principles of the Fair Work Act 2009, and therefore approved the Keemin Pty Ltd Enterprise Agreement 2019 - 2023.

The court approved the Keemin Pty Ltd Enterprise Agreement 2019 - 2023, which sets out the terms and conditions of employment for the employees of Keemin Pty Ltd for the period 2019 to 2023. The agreement includes provisions relating to wages, hours of work, leave entitlements, and other employment-related matters. The approval of the agreement ensures that the employees will have certainty and stability in their employment, and that the employer will have a clear framework for managing its workforce.

Keemin 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