DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keppel Prince Engineering Pty Ltd
(AG2019/376)

KEPPEL PRINCE ENGINEERING ENTERPRISE AGREEMENT 2019 FOR SUPPLEMENTARY LABOUR

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 MAY 2019

Application for approval of the Keppel Prince Engineering Enterprise Agreement 2019 for Supplementary Labour

[1] Keppel Prince Engineering Pty Ltd has made an application for approval of an enterprise agreement known as the Keppel Prince Engineering Enterprise Agreement 2019 for Supplementary Labour (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] 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 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 13 May 2019 and, in accordance with s 54, will operate from 20 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was made by Keppel Prince Engineering Pty Ltd to the Fair Work Commission for approval of the Keppel Prince Engineering Enterprise Agreement 2019. The application was brought by the Australian Manufacturing Workers' Union as a party with a direct interest. The primary dispute concerned the fairness and appropriateness of the terms and conditions stipulated in the enterprise agreement, focusing on the supplementary labour component. The Fair Work Commission was tasked with evaluating the application to determine if the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Fair Work Commission included whether the supplementary labour terms in the agreement were consistent with the principles of procedural fairness and whether they provided for a fair and reasonable outcome for all parties involved. Additionally, the Commission needed to assess whether the agreement adhered to the provisions of the Fair Work Act, particularly concerning the protection of vulnerable employees. The Court was required to consider the implications of the supplementary labour provisions on the overall fairness of the agreement.

In its decision, the Fair Work Commission found that the terms of the Keppel Prince Engineering Enterprise Agreement 2019 were procedurally fair and provided for a reasonable outcome. The Commission emphasised that the supplementary labour provisions were necessary to ensure the flexibility required for the business operations of Keppel Prince Engineering Pty Ltd. The Commission concluded that the agreement met the statutory requirements for approval under the Fair Work Act. The Commission also noted that the agreement provided appropriate safeguards for vulnerable employees, aligning with the principles of procedural fairness.

The Fair Work Commission approved the application for the Keppel Prince Engineering Enterprise Agreement 2019, allowing it to come into effect as per the terms specified. The decision underscored the importance of balancing business needs with employee protections in enterprise agreements.

Keppel Prince Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established