DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keppel Prince Engineering Pty Ltd
(AG2018/4798)

KEPPEL PRINCE ENGINEERING ENTERPRISE AGREEMENT 2018 FOR CRANE DIVISION - MAINTENANCE, MANUFACTURING, INSTALLATION & SERVICE INDUSTRY

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 JANUARY 2019

Application for approval of the Keppel Prince Engineering Enterprise Agreement 2018 for Crane Division - Maintenance, Manufacturing, Installation & Service Industry.

[1] An application has been made for approval of an enterprise agreement known as the Keppel Prince Engineering Enterprise Agreement 2018 for Crane Division - Maintenance, Manufacturing, Installation & Service Industry (the Agreement). 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Maritime, Mining and Energy 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application by the Australian Manufacturing Workers' Union for approval of the Keppel Prince Engineering Enterprise Agreement 2018 for the Crane Division, the Fair Work Commission was tasked with determining whether the agreement met the requisite standards for approval under the Fair Work Act 2009. The agreement in question was proposed for application to employees engaged in maintenance, manufacturing, installation, and service industry roles within the division.

The primary legal issues before the Commission involved the assessment of the agreement against various legislative criteria. These included the requirement for the agreement to provide for fair and reasonable terms and conditions, to ensure that it was not less favourable than the applicable awards or the national system, and to be free from any discriminatory provisions. Additionally, the Commission considered whether the agreement had been made in good faith and whether it facilitated the efficient operation of the business.

The Fair Work Commission, after thorough examination, found that the agreement satisfied all the necessary conditions for approval. The Commission noted the agreement's comprehensive coverage of terms and conditions, its alignment with relevant awards, and the absence of any discriminatory elements. The Commission was satisfied that the agreement had been made in good faith and would not undermine the efficient operation of the business. Consequently, the application for approval was granted, and the agreement was deemed to be legally binding.

The final orders included the approval of the Keppel Prince Engineering Enterprise Agreement 2018 for the Crane Division, with effect from the date of the Commission's decision. The agreement was mandated to be applied to all employees within the specified division, and it was to be registered by the Australian Manufacturing Workers' Union and Keppel Prince Engineering Pty Ltd with the Fair Work Commission.

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