DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kempe Engineering Pty Ltd T/A Kempe Engineering Karratha
(AG2017/4201)

KEMPE ENGINEERING PTY LTD (KARRATHA) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 JANUARY 2018

Application for approval of the Kempe Engineering Pty Ltd (Karratha) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kempe Engineering Pty Ltd (Karratha) Enterprise Agreement 2017 (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.

Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 10 January 2018 and, in accordance with s.54, will operate from 17 January 2018. The nominal expiry date of the Agreement is 10 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Kempe Engineering Pty Ltd, trading as Kempe Engineering Karratha, and the Australian Manufacturing Workers' Union. The dispute was centred on the approval of the Kempe Engineering Pty Ltd (Karratha) Enterprise Agreement 2017. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were primarily concerned with the fairness and compliance of the proposed enterprise agreement with the legislative requirements. The Commission had to assess whether the agreement was made in good faith and if it contained the necessary minimum terms and conditions for employees. Furthermore, the Commission needed to consider if the agreement provided adequate protections for employees and whether it was consistent with the broader principles of industrial relations law.

In its decision, the Commission examined the process through which the agreement was negotiated, the terms of the agreement itself, and the protections offered to employees. The Commission found that the agreement was negotiated in good faith and contained all the required minimum terms. It also determined that the agreement provided fair and reasonable protections for employees and aligned with the overarching objectives of the Fair Work Act. Consequently, the Commission approved the enterprise agreement, finding it to be fair and compliant with the relevant legal standards.

The Fair Work Commission approved the Kempe Engineering Pty Ltd (Karratha) Enterprise Agreement 2017, subject to the conditions and provisions outlined in the agreement.

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