Kennametal Australia Pty Ltd

[2014] FWCA 5849

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kennametal Australia Pty Ltd
(AG2014/1947)

KENNAMETAL AUSTRALIA PTY LTD AND AMWU (EAST BENTLEIGH) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 26 AUGUST 2014

Application for approval of the Kennametal Australia Pty Ltd and AMWU (East Bentleigh) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kennametal Australia Pty Ltd and AMWU (East Bentleigh) Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kennametal Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from Kennametal Australia Pty Ltd. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for approval of the Kennametal Australia Pty Ltd and AMWU (East Bentleigh) Enterprise Agreement 2014. The applicant, Kennametal Australia, sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The Australian Manufacturing Workers' Union (AMWU) and a number of employees opposed the application, raising concerns about the fairness and compliance of the agreement.

The primary legal issues the court needed to address were whether the agreement was genuinely a bargain between the parties and whether it met the requirements for approval under the Fair Work Act. The court had to consider whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the court needed to assess whether the agreement was made without coercion or undue influence and whether it complied with the Fair Work (Registered Organisations) Act 2009.

In determining the application, the court examined the evidence and submissions presented by both parties. The court considered the bargaining process, the content of the agreement, and the objections raised by the AMWU and employees. The court found that the agreement was a genuine bargain and met the criteria for approval under the Fair Work Act. The court concluded that the agreement was made in good faith, provided for fair and reasonable terms, and was not made under coercion or undue influence. The court also found that the agreement complied with the requirements of the Fair Work (Registered Organisations) Act.

The court approved the Kennametal Australia Pty Ltd and AMWU (East Bentleigh) Enterprise Agreement 2014 as a registered agreement. The final orders of the court were that the agreement be registered under the Fair Work Act and that the application for approval be granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established