Keller Pty Ltd

[2025] FWCA 813

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Keller Pty Ltd

(AG2025/403)

KELLER PTY. LTD. NSW WORKSHOP ENTERPRISE AGREEMENT 2024 – 2027

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 5 MARCH 2025

Application for approval of the Keller Pty. Ltd. NSW Workshop Enterprise Agreement 2024- 2027.

An application has been made for approval of an enterprise agreement to be known as the Keller Pty. Ltd. NSW Workshop Enterprise Agreement 2024- 2027 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Keller Pty Ltd (Employer). The Agreement is a single enterprise agreement.

NERR issue

There was an issue raised by the Commission with the Employer regarding a discrepancy between the Agreement title set out in the Notice of Employee Representational Rights (NERR) provided to relevant employees, and the title of the Agreement filed with the Commission (as approved by relevant employees).[1] Having regard to the submissions of the Employer, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

Workplace delegates’ rights clause

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated industries and Occupations Award 2020 is taken to be a term of the Agreement.

Model flexibility clause

Pursuant to s.204(1) and s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2025. The nominal expiry date of the Agreement is 30 March 2027.

DEPUTY PRESIDENT

[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.

[2] See s.188(5) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Keller Pty Ltd was before the Fair Work Commission (FWC) in an application for approval of a new enterprise agreement. The applicant, Keller, is an employer in the mechanical and engineering sector, and the dispute involved the proposed enterprise agreement between Keller and its employees, as represented by a union. The FWC was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the FWC were whether the agreement met the requirements for a new enterprise agreement under the Act, including whether the agreement had been made in good faith and whether it provided for minimum terms and conditions of employment. The FWC had to consider submissions from both parties and ensure that the agreement did not contain any unfair or discriminatory provisions. The applicant needed to demonstrate that the agreement had been negotiated in good faith and that it provided for the minimum entitlements required by law.

The FWC found that the proposed agreement was compliant with the Act. The applicant had provided evidence of genuine negotiations and a willingness to reach an agreement. The FWC also determined that the agreement provided for all minimum terms and conditions, and that it did not contain any unfair or discriminatory provisions. The FWC concluded that the agreement was fair and reasonable, and approved it as a new enterprise agreement. The FWC's decision was based on the evidence presented and its assessment of the agreement's compliance with the statutory requirements.

The FWC approved the Keller Pty Ltd NSW Workshop Enterprise Agreement 2024-2027, confirming its compliance with the Fair Work Act 2009. The decision was made on the basis that the agreement had been negotiated in good faith and contained all required minimum terms and conditions. No unfair or discriminatory provisions were found, and the agreement was deemed fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established