DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kempe Engineering Pty Ltd T/A Kempe Engineering Mount Gambier
(AG2016/4581)

KEMPE ENGINEERING, MT GAMBIER ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the Kempe Engineering, Mt Gambier Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Kempe Engineering, Mt Gambier 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 Mount Gambier. 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2016. The nominal expiry date of the Agreement is 26 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Kempe Engineering Pty Ltd, trading as Kempe Engineering Mount Gambier, which sought approval of the Kempe Engineering, Mt Gambier Enterprise Agreement 2016. The dispute centred around the fairness and compliance of the agreement with the applicable legislative framework. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and appropriate, while no objections were raised by other parties involved.

The primary legal issue before the Commission was whether the enterprise agreement adhered to the requirements of the Fair Work Act 2009, specifically sections 230 and 231, which mandate that agreements must be procedurally and substantively fair. The Commission needed to assess if the agreement was made in good faith, whether it contained appropriate terms and conditions, and whether it was free from any improper coercion or pressure. Furthermore, the Commission examined whether the bargaining process was conducted fairly and whether the agreement appropriately balanced the interests of both employers and employees.

In its decision, the Fair Work Commission found that the enterprise agreement was procedurally and substantively fair. The Commission noted that the agreement was the result of genuine negotiations between the parties and was not the product of any undue influence or coercion. The terms and conditions of the agreement were deemed reasonable and appropriate, balancing the interests of both employers and employees. The Commission was satisfied that the bargaining process was conducted in good faith and that the agreement met the statutory requirements for approval. Consequently, the Commission approved the Kempe Engineering, Mt Gambier Enterprise Agreement 2016.

The Commission ordered that the enterprise agreement be approved as a certified agreement under the Fair Work Act 2009. This approval ensures that the agreement will govern the terms and conditions of employment for the relevant employees from the date of the decision until it is superseded by a new agreement or expires under the Act. The approval signifies that the agreement is deemed to have been made in good faith and is considered fair and appropriate for the purposes of the legislation.

Kempe Engineering Pty Ltd T/A Kempe Engineering Mount Gambier

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established