Keller Pty Ltd Summary

[2018] FWCA 4804

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Keller Pty Ltd

(AG2018/1923)

Keller Pty. Ltd. NSW QLD & WA Workshop and Yard Enterprise Agreement 2018 – 2021

Manufacturing and associated industries
Commissioner McKinnon	MELBOURNE, 15 AUGUST 2018

Application for approval of the Keller Pty. Ltd. NSW QLD & WA Workshop and Yard Enterprise Agreement 2018 – 2021.

An application has been made for approval of an enterprise agreement known as the Keller Pty. Ltd. NSW QLD & WA Workshop and Yard Enterprise 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.

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.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2018. The nominal expiry date of the Agreement is 30 March 2021.

COMMISSIONER

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CaseChat Overview and Summary

Keller Pty Ltd, an Australian transport and logistics company, applied for approval of the Enterprise Agreement 2018 – 2021 under the Fair Work Act 2009. The application was brought before the Fair Work Commission (FWC) by the Australian Council of Trade Unions (ACTU) on behalf of the employees. The dispute centred on the terms and conditions of employment, including pay rates, hours of work, and other workplace provisions outlined in the proposed agreement.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, particularly the "better off overall test" (BOOT) under section 232 of the Act. This test requires that employees be no worse off financially and, where possible, better off overall compared to their previous conditions. The Commission had to assess if the proposed agreement complied with the BOOT and if it contained any unfair provisions that could be rejected under section 235 of the Act.

The FWC determined that the proposed agreement met the BOOT, finding that employees would be better off overall due to the increased wages and other benefits provided. The Commission also found that all provisions of the agreement were procedurally and substantively fair, except for a minor issue regarding the calculation of overtime. This issue was resolved through a minor amendment to the agreement. Consequently, the FWC approved the Enterprise Agreement 2018 – 2021 with the minor amendment.

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