DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keller Pty Ltd
(AG2021/5922)

KELLER PTY LTD AND THE AMWU COLLECTIVE BARGAINING VICTORIA WORKSHOP AGREEMENT 2021-2024

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 14 JULY 2021

Application for approval of the Keller Pty Ltd and the AMWU Collective Bargaining Victoria Workshop Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Keller Pty Ltd and the AMWU Collective Bargaining Victoria Workshop Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Keller Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2021. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by the Australian Manufacturing Workers' Union (AMWU) to the Fair Work Commission (FWC) for approval of the Keller Pty Ltd and the AMWU Collective Bargaining Victoria Workshop Agreement 2021-2024. Keller Pty Ltd, an employer, and the AMWU, a trade union, have entered into a collective bargaining agreement which is now subject to approval by the FWC. The primary issue before the FWC was whether the agreement met the requirements for approval under the Fair Work Act 2009. This includes ensuring the agreement was made in good faith, provides for the protection of employees' rights, and is in the public interest.

The FWC examined the agreement's provisions to determine if it complied with the statutory criteria. The court considered whether the agreement adequately protected the rights of the employees, such as fair wages, reasonable working conditions, and provisions for dispute resolution. It also assessed if the agreement was made in good faith by both parties, without coercion or undue influence. Furthermore, the FWC had to ensure that the agreement would not have an adverse effect on the public interest, including maintaining industrial peace and economic stability.

In delivering its decision, the FWC found that the agreement largely met the necessary criteria. The FWC confirmed that the agreement was made in good faith and provided for fair wages and working conditions. The FWC also determined that the agreement would not have an adverse effect on the public interest. Consequently, the FWC approved the agreement, recognising its potential to foster a harmonious workplace and protect employees' rights while also being in the public interest.

The FWC approved the Keller Pty Ltd and the AMWU Collective Bargaining Victoria Workshop Agreement 2021-2024, subject to certain conditions. This approval allows the agreement to come into effect, providing a framework for industrial relations between the employer and the union for the specified period.

Keller Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established