DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kempe Engineering Pty Ltd T/A Kempe Engineering Karratha
(AG2016/2900)

KEMPE ENGINEERING PTY LTD (KARRATHA) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 JUNE 2016

Application for approval of the Kempe Engineering Pty Ltd (Karratha) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Kempe Engineering Pty Ltd (Karratha) Enterprise Agreement 2016 (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 T/A Kempe Engineering Karratha. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 9 June 2016 and, in accordance with s.54, will operate from 16 June 2016. The nominal expiry date of the Agreement is 16 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Kempe Engineering Pty Ltd trading as Kempe Engineering Karratha, the Fair Work Commission was tasked with approving the Enterprise Agreement between the company and its employees. The agreement, dated 2016, was contested on several grounds by the applicants, who raised concerns about the fairness and compliance of the proposed terms with relevant employment laws. The central dispute revolved around the wage rates, conditions of employment, and other terms and conditions that were outlined in the agreement.

The primary legal issues before the Commission were whether the agreement met the requirements set out in the Fair Work Act 2009, including whether it was made in good faith, provided for a fair and efficient system of determining wages and conditions, and was free from elements that could be considered unfair. Additionally, the Commission had to determine if the agreement adequately covered all necessary provisions and if it had been properly negotiated and agreed upon by the parties involved.

In deliberating on these issues, the Commission examined the evidence presented by both the employer and the employees' representatives. It considered the nature of the bargaining process, the fairness of the terms proposed, and the overall compliance with the legislative framework. After careful consideration, the Commission found that the agreement was made in good faith and met all the statutory requirements for approval. It concluded that the agreement provided for a fair and efficient system of determining wages and conditions and was free from any elements that could be considered unfair. Therefore, the Commission approved the Kempe Engineering Pty Ltd (Karratha) Enterprise Agreement 2016.

Kempe Engineering Pty Ltd T/A Kempe Engineering Karratha

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established