Keppel Prince Engineering Pty Ltd

[2021] FWCA 6615

[2021] FWCA 6615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s. 185 - Application for approval of a single-enterprise agreement

Keppel Prince Engineering Pty Ltd
(AG2021/8003)

KEPPEL PRINCE ENTERPRISE AGREEMENT 2021 FOR THE PORTLAND ALUMINIUM SITE

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 10 NOVEMBER 2021

Application for approval of the Keppel Prince Enterprise Agreement 2021 for the Portland Aluminium Site

[1] Keppel Prince Engineering Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Keppel Prince Enterprise Agreement 2021 for the Portland Aluminium Site (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] 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.

[3] The Employer has provided a written undertaking. A copy of the undertaking 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 the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application (and accompanying declaration), I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] I observe that clause 21.2 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail with respect to the inconsistent clause.

[6] The Australian Manufacturing Workers' Union 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) (and based on the declarations provided by the organisations), I note that the Agreement covers those organisations.

[7] The Agreement was approved on 10 November 2021 and, in accordance with s. 54, will operate from 17 November 2021. The nominal expiry date of the Agreement is 31 January 2024.

COMMISSIONER

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<AE513820  PR735635>

Annexure A