Keller Pty Ltd

Case •

[2022] FWCA 1441

•

28 APRIL 2022
[2022] FWCA 1441

FAIR WORK COMMISSION
DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Keller Pty Ltd

(AG2022/1086)

Keller Pty. Ltd. NSW & WA Workshop and yard enterprise Agreement 2021 – 2024

Manufacturing and associated industries

COMMISSIONER MATHESON

SYDNEY, 28 APRIL 2022

Application for approval of the Keller Pty. Ltd. NSW & WA Workshop and Yard Enterprise Agreement 2021 – 2024.

  1. An application has been made for approval of an enterprise agreement known as the Keller Pty. Ltd. NSW & WA Workshop and Yard Enterprise Agreement 2021 – 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

  1. An error was made in the application in that it referenced the wrong applicant name. The Applicant applied for a correction such that the correct legal name of the applicant was referenced in the application, being Keller Pty Ltd (Applicant), the employer covered by Agreement. Pursuant to s.586 of the Act, I allow the correction to the application so that it references the name of the Applicant.

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

  1. The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A of this decision (Undertaking). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertaking and no objections were raised. I am satisfied that the effect of accepting the Undertaking is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

  1. Pursuant to s.190(3) of the Act, I accept the Undertaking.

  1. Subject to the Undertaking, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2022. The nominal expiry date of the Agreement is 30 March 2024.


COMMISSIONER

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Annexure A

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