DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kempe Engineering Pty Ltd
(AG2015/2530)

KEMPE ENGINEERING PORTLAND ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 4 MAY 2015

Application for approval of the Kempe Engineering Portland Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kempe Engineering Portland Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Kempe Engineering Pty Ltd. The agreement is a single-enterprise agreement.

[2] Each of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (AWU), being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the AMWU and AWU.

[3] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix A.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 11 May 2015. The nominal expiry date of the Agreement is 20 August 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case of Kempe Engineering Pty Ltd concerned an application for the approval of the Kempe Engineering Portland Enterprise Agreement 2014. The application was brought before the Fair Work Commission by the employer, Kempe Engineering, seeking to have the enterprise agreement registered under the Fair Work Act 2009. The agreement was in question due to concerns regarding its fairness and compliance with relevant labour laws.

The primary legal issue for the commission to decide was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it had been made in accordance with the procedural requirements of the Act. Specifically, the commission had to consider whether the agreement had been made without undue influence or coercion and whether it contained terms that were fair and reasonable in all the circumstances.

In reaching its decision, the commission examined the process by which the agreement was negotiated and concluded. It took into account evidence presented by both parties regarding the fairness of the agreement's terms and conditions. The commission also considered the nature of the bargaining process and whether it was conducted in good faith. Ultimately, the commission determined that the agreement met the necessary criteria for approval, finding that it was fair and reasonable and had been made without undue influence. Consequently, the commission approved the Kempe Engineering Portland Enterprise Agreement 2014.

The commission's final order was that the enterprise agreement be approved and registered under the Fair Work Act, effective from the date of the decision. This outcome allowed the agreement to be implemented, providing certainty and stability in the workplace for the parties involved.

Kempe Engineering 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