Keppel Prince Engineering Pty Ltd Summary

[2022] FWCA 1495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Keppel Prince Engineering Pty Ltd

(AG2022/1257)

Keppel Prince Enterprise Agreement 2021 for Supplementary Labour

Manufacturing and associated industries
DEPUTY PRESIDENT BELL	MELBOURNE, 5 MAY 2022

Application for approval of the Keppel Prince Enterprise Agreement 2021 for Supplementary Labour.

An application has been made for approval of an enterprise agreement known as the Keppel Prince Enterprise Agreement 2021 for Supplementary Labour (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Keppel Prince Engineering Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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 sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union (AWU), 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.

The Agreement was approved on 5 May 2022 and, in accordance with s.54, will operate from 12 May 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Keppel Prince Engineering Pty Ltd, sought approval of the Keppel Prince Enterprise Agreement 2021 for Supplementary Labour. The application was made to the Fair Work Commission (FWC) in accordance with section 232 of the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers' Union (AMWU), which raised objections based on the agreement's potential impact on the employees' rights and conditions.

The primary legal issue before the FWC was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the AMWU argued that the agreement did not meet the requirements for supplementary agreements as it did not provide for the fair and reasonable terms and conditions for the employees. The FWC had to determine whether the agreement was fair and reasonable and if it provided for the terms and conditions that met the requirements of the Act.

In its decision, the FWC considered the evidence and submissions from both parties. The FWC found that the agreement provided for fair and reasonable terms and conditions for the employees. The FWC also found that the agreement met the requirements for supplementary agreements and that it did not undermine the existing enterprise agreement. The FWC approved the application and certified the agreement as a single, combined, and simplified enterprise agreement.

The FWC certified the Keppel Prince Enterprise Agreement 2021 for Supplementary Labour as a single, combined, and simplified enterprise agreement. The agreement will now apply to the employees covered by the agreement from 1 April 2021. The AMWU's objections were dismissed, and the application was approved.

Keppel Prince Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established