DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kempe Process Equipment Pty Ltd T/A Kempe Process Equipment Olympic Dam
(AG2016/5457)

KEMPE PROCESS EQUIPMENT OLYMPIC DAM ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 20 OCTOBER 2016

Application for approval of the Kempe Process Equipment Olympic Dam Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Kempe Process Equipment Olympic Dam 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 Process Equipment Pty Ltd T/A Kempe Process Equipment Olympic Dam. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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] The Agreement was approved on 20 October 2016 and, in accordance with s.54, will operate from 27 October 2016. The nominal expiry date of the Agreement is 20 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Kempe Process Equipment Olympic Dam Enterprise Agreement 2016, which was sought by Kempe Process Equipment Pty Ltd, trading as Kempe Process Equipment Olympic Dam, the applicant. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission, led by Commissioner J. K. Smith, had to determine if the agreement contained all the mandatory terms and conditions, was free from prohibited content, and complied with procedural requirements.

The key legal issues addressed by the Commission involved the interpretation and application of specific provisions of the Fair Work Act 2009. These included ensuring that the agreement included all mandatory terms and conditions, verifying that it did not contain prohibited content such as provisions that would undermine the operation of the safety net of minimum terms and conditions, and confirming that the agreement was not made under duress or in a coercive manner. Additionally, the Commission examined whether the process of making the agreement complied with the procedural requirements set out in the Act.

In delivering the decision, Commissioner J. K. Smith considered the provisions of the Fair Work Act 2009 and relevant case law. The Commissioner found that the agreement did indeed include all mandatory terms and conditions and was free from prohibited content. The process of making the agreement was also found to be compliant with the statutory requirements. The Commission approved the Kempe Process Equipment Olympic Dam Enterprise Agreement 2016, recognising its alignment with the legislative framework and the procedural integrity of its creation.

The final orders of the Commission approved the agreement and mandated its registration with the Fair Work Commission. This decision ensures that the terms of the agreement will govern the employment conditions of the employees covered by the agreement, subject to the protections and entitlements provided by the Fair Work Act 2009.

Kempe Process Equipment Pty Ltd T/A Kempe Process Equipment Olympic Dam

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established