Keller Pty Ltd

[2025] FWCA 657

[2025] FWCA 657

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Keller Pty Ltd

(AG2025/323)

AMWU AND KELLER PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2024 – 2027

Manufacturing and associated industries
COMMISSIONER FOX	MELBOURNE, 19 FEBRUARY 2025

Application for approval of the AMWU and Keller Pty Ltd Collective Bargaining Workshop Agreement 2024 – 2027.

1. An application has been made for approval of an enterprise agreement known as the AMWU and Keller Pty Ltd Collective Bargaining Workshop Agreement 2024 – 2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights issued to employees on 15 August 2024 titled the Agreement as the ‘AMWU and Keller Pty Ltd Collective Bargaining Workshop Agreement 2023’ (emphasis added) whilst the Agreement is titled ‘AMWU and Keller Pty Ltd Collective Bargaining Workshop Agreement 2024 – 2027’ (emphasis added). I am satisfied having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[1] that this constitutes a minor technical or procedural error for the purposes of s 188(5)(a) of the Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

1. I am satisfied that each requirement of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7) of the Act.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

1. The Agreement is approved, and in accordance with s.54 of the Act, will operate from 26 February 2025. The nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

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