DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keppel Prince Engineering Pty Ltd
(AG2017/6509)

KEPPEL PRINCE ENGINEERING ENTERPRISE AGREEMENT 2017 FOR CRANE DIVISION - MAINTENANCE, MANUFACTURING, INSTALLATION & SERVICE INDUSTRY

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 9 MAY 2018

Application for approval of the Keppel Prince Engineering Enterprise Agreement 2017 for Crane Division - Maintenance, Manufacturing, Installation & Service Industry.

[1] An application has been made for approval of an enterprise agreement known as the Keppel Prince Engineering Enterprise Agreement 2017 for Crane Division - Maintenance, Manufacturing, Installation & Service Industry (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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Construction, Forestry, Mining and Energy Union - Construction and General Division 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.

[7] The Agreement was approved on 9 May 2018 and, in accordance with s.54, will operate from 16 May 2018. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

The case involved Keppel Prince Engineering Pty Ltd, a company operating in the maintenance, manufacturing, installation, and service industry for cranes. The dispute was centred on the approval of the Keppel Prince Engineering Enterprise Agreement 2017 for the Crane Division. The matter was heard in the Fair Work Commission, Australia's national workplace relations tribunal.

The primary legal issue before the Court was whether the agreement provided fair and reasonable terms for the employees under the Fair Work Act 2009. Specifically, the Court had to determine if the agreement was "better off overall" for the employees and if it complied with the requirements of the Fair Work Act. The Court also had to consider whether the agreement was made in good faith and whether it addressed all necessary aspects of the employees' working conditions.

In examining the agreement, the Court noted that the agreement was supported by the majority of the employees and was deemed to be in their best interest overall. The Court found that the agreement provided fair remuneration and working conditions, and that it was made in good faith. Furthermore, the Court was satisfied that the agreement complied with all relevant provisions of the Fair Work Act. Therefore, the Court approved the agreement.

Consequently, the Fair Work Commission approved the Keppel Prince Engineering Enterprise Agreement 2017 for the Crane Division, finding that it provided fair and reasonable terms for the employees and complied with the requirements of the Fair Work Act.

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