Keller Pty Ltd
[2025] FWCA 813
•5 MARCH 2025
| [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.
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