Keppel Prince Engineering Pty Ltd
[2022] FWCA 3864
•4 NOVEMBER 2022
| [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
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Annexure A
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