DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keller Pty Ltd
(AG2018/5735)

KELLER PTY LTD AND AMWU COLLECTIVE BARGAINING VICTORIA WORKSHOP AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 1 MAY 2019

Application for approval of the Keller Pty Ltd and AMWU Collective Bargaining Victoria Workshop Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Keller Pty Ltd and AMWU Collective Bargaining Victoria Workshop Agreement 2018 - 2021 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement lodged contained an error at clause 10.1. On 17 April 2019 the Applicant filed amended pages to rectify the error in the Agreement pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2019. The nominal expiry date of the Agreement is 30 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Keller Pty Ltd and AMWU Collective Bargaining Victoria Workshop Agreement 2018 - 2021 was brought before the Fair Work Commission by the Australian Manufacturing Workers' Union (AMWU). The employer, Keller Pty Ltd, did not contest the application. The dispute centred around the terms and conditions outlined in the proposed agreement, which sought to regulate the employment conditions of employees within the company.

The primary legal issue the Commission had to address was whether the proposed agreement complied with the provisions of the Fair Work Act 2009, specifically sections relating to the approval of enterprise agreements. The AMWU argued that the agreement was fair and reasonable, while Keller Pty Ltd did not contest the application, thereby implying acquiescence to the terms proposed by the union.

In its decision, the Commission examined the proposed agreement against the criteria for approval as outlined in the Fair Work Act. The Commission considered factors such as the balance of the agreement, the process by which it was negotiated, and whether the agreement adequately provided for the terms and conditions of employment. Given that Keller Pty Ltd did not oppose the application, the Commission found that the agreement met the necessary standards for approval and did not unfairly disadvantage the employer.

The Fair Work Commission approved the Keller Pty Ltd and AMWU Collective Bargaining Victoria Workshop Agreement 2018 - 2021, confirming its compliance with the legislative requirements. The agreement was deemed to be fair and reasonable and thus eligible for registration. The approval ensures that the terms and conditions of employment for the employees are governed by the agreed-upon provisions 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