Keppel Prince Engineering Pty Ltd

[2016] FWCA 305

[2016] FWCA 305

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keppel Prince Engineering Pty Ltd
(AG2016/8)

KEPPEL PRINCE ENTERPRISE AGREEMENT 2015 FOR THE PORTLAND ALUMINIUM SITE

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 18 JANUARY 2016

Application for approval of the Keppel Prince Enterprise Agreement 2015 for the Portland Aluminium Site.

[1] An application has been made for approval of an enterprise agreement known as the Keppel Prince Enterprise Agreement 2015 for the Portland Aluminium Site. 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 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.

[4] 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.

[5] 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.

[6] The Agreement was approved on 18 January 2016 and, in accordance with s.54, will operate from 25 January 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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Price code G, AE417460  PR576153