Kempe Engineering Pty Ltd Summary

[2013] FWCA 8614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Kempe Engineering Pty Ltd
(AG2013/11062)

KEMPE ENGINEERING, MT GAMBIER ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 5 NOVEMBER 2013

Application for approval of the Kempe Engineering, Mt Gambier Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kempe Engineering, Mt Gambier Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kempe Engineering Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2013. The nominal expiry date of the Agreement is 12 November 2014.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kempe Engineering Pty Ltd, sought approval of an enterprise agreement with its employees, represented by the United Voice union, under the Fair Work Act 2009. The application was heard by the Fair Work Commission (FWC), which has the authority to approve enterprise agreements if they meet certain criteria, including that they are free from coercion and are genuinely agreed upon by the parties. The dispute centred on whether the agreement was free from any impermissible interference or undue influence that could undermine its legitimacy as a genuine bargain between the employer and employees.

The legal issues before the FWC included whether the employer had unduly influenced the negotiation process, whether the employees had genuinely agreed to the terms of the agreement, and whether the agreement complied with the statutory requirements for approval. The employer argued that the agreement was a fair and genuine product of negotiations, while the union contended that the employer had exerted undue influence and that certain terms were not genuinely agreed upon.

The FWC determined that the agreement was not tainted by undue influence or coercion. The FWC found that the employer had acted within its rights to propose terms and that the union had genuinely engaged in the negotiation process. The FWC also concluded that the agreement met the statutory requirements for approval, including that it provided for a fair and reasonable outcome for the employees. The FWC found that the employees had been adequately represented and that the terms of the agreement were not prejudicial to the employees' interests.

The FWC approved the Kempe Engineering, Mt Gambier Enterprise Agreement 2013, finding that it was a genuine agreement that met all statutory requirements for approval. The FWC's decision was based on its assessment of the evidence and the arguments presented by both parties. The employer's application for approval was successful, and the agreement was registered under the Fair Work Act.

Kempe Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established