Kempe Engineering Pty Ltd Summary

[2014] FWCA 7956

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kempe Engineering Pty Ltd
(AG2014/9743)

KEMPE ENGINEERING HAMILTON, ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 10 NOVEMBER 2014

Application for approval of the Kempe Engineering Hamilton, Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kempe Engineering Hamilton, 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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54(1), will operate from 17 November 2014.The nominal expiry date of the Agreement is 16 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Kempe Engineering Pty Ltd applied for the approval of the Kempe Engineering Hamilton Enterprise Agreement 2014. The dispute arose between the employer and the employees, who were represented by the United Workers Union. The matter was heard by Deputy President D S Smith.

The primary legal issues the Commission had to address included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly in terms of the procedural fairness and the good faith bargaining process. The Commission also needed to consider if the agreement provided appropriate protections for employees and complied with the national employment standards.

After reviewing the evidence and submissions from both parties, Deputy President Smith found that the agreement had been made in good faith and that there had been procedural fairness in its creation. The Commission noted that the agreement contained provisions that were consistent with the national employment standards and provided adequate protections for employees. Consequently, the application for approval was granted, and the agreement was registered. This decision ensures that the terms of the agreement are legally enforceable between the employer and the employees.

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