DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keppel Prince Engineering Pty Ltd
(AG2018/173)

KEPPEL PRINCE ENTERPRISE AGREEMENT 2018 FOR PA MANUFACTURING SERVICES

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 18 MAY 2018

Application for approval of the Keppel Prince Enterprise Agreement 2018 for PA Manufacturing Services.

[1] An application has been made for approval of an enterprise agreement known as the Keppel Prince Enterprise Agreement 2018 for PA Manufacturing Services (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.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 May 2018 and, in accordance with s.54, will operate from 25 May 2018. The nominal expiry date of the Agreement is 30 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Keppel Prince Engineering Pty Ltd, sought approval of the Keppel Prince Enterprise Agreement 2018 for PA Manufacturing Services. The respondent, the Australian Manufacturing Workers' Union, objected to the application on various grounds. The central issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Commission first examined the procedural requirements for the application, ensuring that the necessary consultation had occurred and that the agreement was not contrary to public policy. The applicant had demonstrated that the agreement had been negotiated in good faith and that appropriate consultation had taken place. The Commission also assessed whether the agreement contained all the mandatory terms prescribed by the Act and whether it was consistent with the Act's object of providing for fair work practices. The applicant provided evidence that the agreement included all necessary terms and that it did not contravene any provisions of the Act. The Commission found that the applicant had satisfied all requirements for the approval of the agreement.

The Fair Work Commission approved the Keppel Prince Enterprise Agreement 2018 for PA Manufacturing Services, determining that the applicant had met all statutory requirements for approval. The Commission found that the agreement was fair and reasonable, and it did not contain any terms that were contrary to public policy or the object of the Act. The applicant's evidence demonstrated that the agreement had been negotiated in good faith and that appropriate consultation had taken place. The Commission noted that the agreement contained all the mandatory terms prescribed by the Act and was consistent with the Act's object of providing for fair work practices. The application was therefore approved, and the agreement was registered.

Keppel Prince Engineering 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