Keppel Prince Engineering Pty Ltd

[2016] FWCA 905

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Keppel Prince Engineering Pty Ltd

(AG2015/7200)

KEPPEL PRINCE ENTERPRISE AGREEMENT 2015 FOR PA

MANUFACTURING SERVICES

Manufacturing and associated industries

COMMISSIONER LEE

MELBOURNE, 11 FEBRUARY 2016

Application for approval of the Keppel Prince Engineering Enterprise Agreement 2015 for

PA Manufacturing Services.

[1] An application has been made for approval of an enterprise agreement known as the

Keppel Prince Enterprise Agreement 2015 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.

[3] 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.

[4] 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.
[2016] FWCA 905

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

18 February 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Keppel Prince Engineering Pty Ltd, the Fair Work Commission was tasked with approving the Keppel Prince Enterprise Agreement 2015 for PA Manufacturing Services. The agreement was submitted for approval under Section 185 of the Fair Work Act 2009. The Fair Work Commission, presided over by Commissioner Lee, examined the agreement to ensure it met all necessary requirements. The agreement was a single enterprise agreement aimed at governing the terms and conditions of employment for employees in the manufacturing and associated industries sector. The Australian Workers’ Union, acting as a bargaining representative, expressed its intention for the agreement to cover its members, as required by Section 183 of the Act.

The primary legal issues before the Fair Work Commission were whether the agreement satisfied the criteria set forth in Sections 186, 187, and 188 of the Fair Work Act, including provisions for genuine bargaining, and whether the agreement included the model consultation term prescribed by the Fair Work Regulations 2009. Additionally, the Commission had to determine whether the agreement effectively covered the employees represented by the Australian Workers’ Union. The Commission considered these aspects to ensure the agreement was fair and met all statutory requirements for approval.

Upon review, Commissioner Lee found that the Keppel Prince Enterprise Agreement 2015 for PA Manufacturing Services fulfilled all necessary criteria. The agreement adhered to the provisions for genuine bargaining, and the model consultation term was incorporated as per the Fair Work Regulations 2009. The Australian Workers’ Union's notice under Section 183 of the Act confirmed that the agreement was intended to cover its members, and the Commission confirmed that it indeed did so. Consequently, the agreement was approved, with its operational start date set as 18 February 2016, and a nominal expiry date of 30 June 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established