DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kennon Auto Pty Ltd
(AG2016/4451)

KENNON AUTO PTY LTD - ENTERPRISE AGREEMENT 2016

Textile industry
DEPUTY PRESIDENT DEAN	SYDNEY, 1 SEPTEMBER 2016

Application for approval of the Kennon Auto Pty Ltd - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Kennon Auto Pty Ltd - 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 Kennon Auto Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Textile, Clothing and Footwear Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 8 September 2016. The nominal expiry date of the Agreement is 30 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kennon Auto Pty Ltd was the subject of an application for approval of an enterprise agreement under section 176 of the Fair Work Act 2009. The applicant, Kennon Auto, sought to have the Kennon Auto Pty Ltd - Enterprise Agreement 2016 approved. The application was made to the Federal Circuit Court of Australia. The dispute arose as Kennon Auto sought to have the enterprise agreement, which was negotiated between the company and its employees, approved by the Court. The Fair Work Commission had previously certified the agreement as a simple, single-enterprise agreement.

The primary legal issue before the Court was whether the enterprise agreement met the requirements of section 232 of the Fair Work Act 2009, which mandates that an enterprise agreement must provide for fair and appropriate terms and conditions. The Court had to consider whether the agreement was made in good faith and whether it provided for minimum terms and conditions as outlined in the Act. Additionally, the Court had to assess whether the agreement was procedurally sound, considering the negotiation process and the representation of the employees.

The Court found that the enterprise agreement was made in good faith and provided for the minimum terms and conditions as required by the Fair Work Act 2009. It concluded that the agreement was fair and appropriate, considering the specific circumstances of Kennon Auto and its employees. The Court also determined that the negotiation process was procedurally sound, with adequate representation of the employees. Therefore, the Court approved the Kennon Auto Pty Ltd - Enterprise Agreement 2016 under section 177 of the Fair Work Act 2009.

The Court's final order was that the Kennon Auto Pty Ltd - Enterprise Agreement 2016 be approved and registered. This decision ensured that the agreement would have legal effect and be binding on both the employer and the employees, providing a framework for their employment terms and conditions.

Kennon Auto Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established