Keppel Prince Engineering Pty Ltd

[2022] FWCA 2885

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Keppel Prince Engineering Pty Ltd

(AG2022/3342)

Keppel Prince Engineering ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 AUGUST 2022

Application for approval of the Keppel Prince Engineering ETU Enterprise Agreement 2021 – 2025

Keppel Prince Engineering Pty Ltd has made an application for approval of the Keppel Prince Engineering ETU Enterprise Agreement 2021 – 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement. Subject to this undertaking, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 23 August 2022 and, in accordance with s 54, will operate from 30 August 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Keppel Prince Engineering Pty Ltd was the subject of an application for approval of the Keppel Prince Engineering ETU Enterprise Agreement 2021-2025. The dispute involved the employer, the union representing the employees, and the Fair Work Commission. The parties sought to resolve the terms and conditions of employment under the proposed enterprise agreement.

The central legal issues before the court were whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly sections 232 and 233, which mandate that agreements be in writing, free from coercion and undue influence, and provide for the resolution of disputes. The court had to determine if the agreement was fair and reasonable, and if it provided for a just and equitable outcome for all parties involved.

The court considered the submissions from the employer and the union, as well as the evidence provided regarding the negotiation process and the content of the proposed agreement. It was noted that the agreement had been the result of good faith negotiations and covered various aspects of employment conditions, including wages, hours of work, and other matters. The court found that the agreement met the legal criteria and was fair and reasonable. It approved the agreement, noting that it provided for a just and equitable outcome for all parties.

The court's final orders included the approval of the Keppel Prince Engineering ETU Enterprise Agreement 2021-2025, which would now be binding on the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established