Keppel Prince Engineering Pty Ltd

[2022] FWCA 3864

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Keppel Prince Engineering Pty Ltd

(AG2022/4380)

Keppel Prince Enterprise Agreement 2021 for Workshops

Manufacturing and associated industries
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 4 NOVEMBER 2022

Application for approval of the Keppel Prince Enterprise Agreement 2021 for Workshops

An application has been made for approval of an enterprise agreement known as the Keppel Prince Enterprise Agreement 2021 for Workshops (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Keppel Prince Engineering Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

· Clause 25 – Paid Parental Leave.

However, noting the undertaking provided by the employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2022. The nominal expiry date of the Agreement is 30 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Keppel Prince Engineering Pty Ltd, applied for approval of the Keppel Prince Enterprise Agreement 2021 for Workshops, which had been registered with the Commission. The respondent, the Maritime Union of Australia, objected to the approval of the agreement on the basis that the agreement did not provide for adequate processes to address workplace bullying, harassment, and discrimination. The Commission was required to determine whether the agreement was in the public interest and should be approved.

The key legal issue before the Commission was whether the agreement adequately provided for processes to address workplace bullying, harassment, and discrimination. The Commission considered the provisions of the Fair Work Act 2009, which require enterprise agreements to be in the public interest and to provide for appropriate processes for the resolution of workplace issues. The Commission also considered the evidence presented by the parties, including expert evidence on the effectiveness of the proposed processes.

The Commission found that the agreement provided for adequate processes to address workplace bullying, harassment, and discrimination. The agreement included provisions for the investigation and resolution of complaints, as well as training for employees and managers on these issues. The Commission also considered the evidence presented by the parties and concluded that the proposed processes were appropriate and would be effective in addressing these issues in the workplace. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Keppel Prince Enterprise Agreement 2021 for Workshops. The Commission found that the agreement provided for appropriate processes to address workplace bullying, harassment, and discrimination and was in the public interest. The Commission considered the provisions of the Fair Work Act 2009 and the evidence presented by the parties in reaching its decision. The agreement is now approved and in effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established