DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keppel Prince Engineering Pty Ltd
(AG2018/170)

KEPPEL PRINCE ENTERPRISE AGREEMENT 2018 FOR WORKSHOPS

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 17 MAY 2018

Application for approval of the Keppel Prince Enterprise Agreement 2018 for Workshops.

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

[2] The Applicant 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.

[3] 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. 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union 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 these organisations.

[5] The Agreement was approved on 17 May 2018 and, in accordance with s.54, will operate from 24 May 2018. The nominal expiry date of the Agreement is 30 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Keppel Prince Enterprise Agreement 2018 for Workshops. The applicant, Keppel Prince Engineering Pty Ltd, sought approval of the agreement under section 232 of the Fair Work Act 2009. The dispute arose as the applicant aimed to have the agreement recognised as a registered enterprise agreement, which would provide for the terms and conditions of employment for employees within the specified workshops. The legal issues that the Commission was required to determine centred on whether the agreement met the requirements of the Fair Work Act 2009, including whether the agreement was made in good faith and without coercion, whether it contained the necessary minimum terms and conditions, and whether it had been properly certified by the Australian Building and Construction Commission.

The Commission examined the process by which the agreement was made and the content of the agreement itself. It considered whether the agreement was genuinely negotiated and whether the parties had acted in good faith. The Commission also assessed whether the agreement contained all the necessary minimum terms and conditions as prescribed by the Fair Work Act 2009, including those relating to wages, hours of work, and other employment-related matters. Furthermore, the Commission reviewed the certification process to ensure that it complied with the requirements of the Act. The Commission concluded that the agreement was made in good faith, contained all the necessary minimum terms, and was properly certified. Therefore, the Commission approved the Keppel Prince Enterprise Agreement 2018 for Workshops as a registered enterprise agreement under section 232 of the Fair Work Act 2009.

The Fair Work Commission determined that the Keppel Prince Enterprise Agreement 2018 for Workshops met the criteria for approval and registration as a registered enterprise agreement. The Commission found that the agreement was genuinely negotiated, contained all the required minimum terms and conditions, and was properly certified. As a result, the Commission approved the agreement, and it will now provide the terms and conditions of employment for the relevant employees. This decision provides clarity for the parties involved and ensures that the agreement will be recognised and enforceable under the Fair Work Act 2009.

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