Kempe Engineering Pty Ltd

[2015] FWCA 3079

[2015] FWCA 3079

FAIR WORK COMMISSION

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

<Price code G, AE413793  PR567030>

APPENDIX A