Kempe Services Pty Ltd

[2025] FWCA 2423

[2025] FWCA 2423

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Kempe Services Pty Ltd

(AG2025/2121)

KEMPE ENGINEERING PORTLAND ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER PERICA	MELBOURNE, 24 JULY 2025

Application for approval of the Kempe Engineering Portland Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Kempe Engineering Portland Enterprise Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

1. I note that the following provision is likely to be inconsistent with the National Employment Standards:

·   Clause 22.4.2 – Annual leave

1. However, noting clause 5.2.4 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement. 

1. Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union being bargaining representatives for the Agreement have given notice under section 183 of the Act that they want the Agreement to cover them. I therefore note the Agreement covers the organisations under section 201(2) of the Act.

1. The Agreement is approved today 24 July 2025. It will operate from 31 July 2025 as required by section 54 of the Act. The nominal expiry date is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A