Kempe Engineering Victoria Pty Ltd

[2024] FWCA 4560

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kempe Engineering Victoria Pty Ltd

(AG2024/4628)

KEMPE ENGINEERING VISY PAPER COOLAROO AND RESERVOIR SITES ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 19 DECEMBER 2024

Application for approval of the Kempe Engineering Visy Paper Coolaroo and Reservoir Sites Enterprise Agreement 2024

Kempe Engineering Victoria Pty Ltd has applied for approval of an enterprise agreement known as the Kempe Engineering Visy Paper Coolaroo and Reservoir Sites Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

Pursuant to the discretion conferred by s.188(5) of the Act, I am satisfied that the vote notification that was provided less than 7 calendar days prior to the vote, and that the discrepancies in the provision of the Award and the Agreement can be characterised as minor technical errors.

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 is approved and, in accordance with s.54 of the Act, will operate from 26 December 2024. The nominal expiry date of the Agreement is 1 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Kempe Engineering Victoria Pty Ltd, which sought approval for the Kempe Engineering Visy Paper Coolaroo and Reservoir Sites Enterprise Agreement 2024. The dispute centred around the fairness and appropriateness of the proposed agreement, which aimed to regulate the terms and conditions of employment for workers at the specified sites. The Commission was tasked with ensuring that the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and appropriate terms and conditions, whether it complied with the requirements of the Fair Work Act, and whether it met the standards set for enterprise agreements in terms of fairness and procedural fairness. The Commission had to assess the provisions of the agreement against statutory benchmarks and ensure that it did not unfairly disadvantage any party.

In reaching its decision, the Commission examined the content of the agreement, considering factors such as the bargaining process, the terms of the agreement, and the impact on the employees. The Commission found that the agreement was fair and appropriate, as it provided for reasonable terms and conditions of employment and did not disadvantage the employees. The procedural fairness of the bargaining process was also upheld, with the Commission satisfied that the agreement had been reached through genuine bargaining.

The Commission approved the Kempe Engineering Visy Paper Coolaroo and Reservoir Sites Enterprise Agreement 2024, confirming that it met the necessary criteria for approval under the Fair Work Act. The agreement was deemed to provide for fair and appropriate terms and conditions for the employees and was thus approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established