Kennon Auto Pty Ltd

[2013] FWCA 5100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kennon Auto Pty Ltd
(AG2013/7579)

KENNON AUTO PTY LTD - ENTERPRISE AGREEMENT 2013

Clothing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 JULY 2013

Application for approval of the Kennon Auto Pty Ltd - Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kennon Auto Pty Ltd - Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kennon Auto Pty Ltd. The Agreement is a single-enterprise agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2013. The nominal expiry date of the Agreement is 21 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kennon Auto Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The agreement related to the employment of its workers, who were represented by the Automotive, Metals and Engineering Employees' Union. The nature of the dispute was the formal endorsement and registration of the agreement under the Fair Work Act 2009. The court was required to determine if the agreement complied with the requirements of the Act, particularly concerning the provisions regarding casual employees.

The key legal issues centred on whether the agreement contained appropriate terms and conditions for casual employees, ensuring they were not disadvantaged compared to permanent employees. The applicant argued that the agreement was fair and balanced, providing necessary flexibility for business operations while protecting employees' rights. The union, on the other hand, contended that the agreement did not adequately protect the rights and entitlements of casual workers.

The court examined the provisions of the agreement and considered the broader context of the employment relationship. It found that the agreement contained provisions that adequately addressed the needs of both the employer and the employees, including provisions for casual loading, penalties for breaches, and provisions for conversion to permanent employment. The court was satisfied that the agreement was fair and balanced and met the requirements of the Fair Work Act, including the protection of casual employees' rights. The application was approved, and the enterprise agreement was registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established