Keller Pty Ltd Summary

[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.

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.

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.

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.

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.

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

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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Keller Pty Ltd, the applicant, sought approval for the NSW & WA Workshop and Yard Enterprise Agreement 2021 – 2024, which was intended to cover the employment conditions of workers in certain workshops and yards in New South Wales and Western Australia. The application was brought before the Fair Work Commission, which is tasked with overseeing the approval of such agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions.

The central legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions. The Commission had to consider whether the proposed terms and conditions of the agreement were fair and reasonable having regard to the matters set out in section 235 of the Fair Work Act 2009. This included whether the agreement provided for terms and conditions that were no less favourable than the applicable award or modern award, and whether it took into account the needs of the business, the workforce, and the community. The Commission also had to consider whether the agreement provided for adequate mechanisms for resolving disputes and addressing workplace issues.

In determining whether the agreement was fair and reasonable, the Commission considered the evidence presented by the parties, including submissions on the need for flexibility in the workplace and the potential impact of the agreement on the business and workforce. The Commission found that the agreement provided for terms and conditions that were no less favourable than the applicable award and took into account the needs of the business, workforce, and community. The Commission also found that the agreement provided for adequate mechanisms for resolving disputes and addressing workplace issues. Accordingly, the Commission approved the agreement, finding that it met the statutory requirements for approval.

No further orders were made by the Commission beyond the approval of the agreement.

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