Keller Pty Ltd Summary

[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.

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.

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.

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.

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.

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

CaseChat Overview and Summary

Keller Pty Ltd and the Australian Manufacturing Workers' Union (AMWU) sought the approval of the Australian Industrial Relations Commission (AIRC) for the AMWU and Keller Pty Ltd Collective Bargaining Workshop Agreement 2024-2027. The primary focus of the application was the agreement's provisions concerning employee training and development, with the AMWU arguing that these provisions were crucial for enhancing employee skills and improving workplace productivity. Keller Pty Ltd, on the other hand, was concerned that the proposed training regime might be overly prescriptive and potentially restrictive in terms of operational flexibility.

The court was tasked with determining whether the provisions in question were fair and reasonable under the Fair Work Act 2009. This involved assessing whether the training requirements were necessary for the protection of employees' skills and the overall competitiveness of the business, and whether they were proportionate to the benefits they would bring. Additionally, the court had to consider whether the provisions were consistent with the broader principles of the Fair Work Act, including fairness and flexibility.

In delivering its decision, the AIRC examined the specific provisions of the agreement in the context of the overall employment relationship. The court found that the training provisions were reasonable and necessary for the protection of employees' skills and the competitiveness of Keller Pty Ltd. The AIRC noted that the training requirements were designed to be flexible and were not overly restrictive, thereby allowing Keller Pty Ltd to maintain operational efficiency. The court concluded that the provisions were fair and reasonable under the Fair Work Act, and approved the agreement in its entirety.

The AIRC's approval of the AMWU and Keller Pty Ltd Collective Bargaining Workshop Agreement 2024-2027 sets a precedent for future agreements involving similar training and development provisions. The decision underscores the importance of balancing employee skill enhancement with operational flexibility, and the AIRC's commitment to ensuring that agreements meet the standards of fairness and reasonableness under the Fair Work Act.

Keller Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established