DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keppel Prince Engineering Pty Ltd
(AG2018/2899)

KEPPEL PRINCE ENGINEERING AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 26 JULY 2018

Application for approval of the KEPPEL PRINCE ENGINEERING and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the KEPPEL PRINCE ENGINEERING and ETU Enterprise Agreement 2017-2021 (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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 2 August 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Keppel Prince Engineering Pty Ltd, sought approval of an Enterprise Agreement with the Electrical Trades Union. The matter was heard in the Fair Work Commission (FWC) by Deputy President Smith. The central issue before the FWC was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically if it provided for the genuine bargain and if it contained terms that were not contrary to public policy.

The FWC examined the bargaining process, the content of the agreement, and the rights and obligations of the parties. It considered the fairness of the terms, the adequacy of the negotiation process, and if the agreement was made in good faith. The FWC concluded that the agreement was genuinely negotiated, was fair and reasonable, and did not contravene any public policy considerations. It noted the thorough and transparent process followed by the parties and the inclusion of standard terms that aligned with industry practices.

The FWC approved the agreement, finding that it was a bona fide attempt by the parties to reach an agreement and that the terms were not unreasonable. It highlighted the importance of the parties' commitment to fair and transparent bargaining. The FWC found that the agreement was made in good faith and that it did not contain any terms that were contrary to public policy.

The FWC approved the Keppel Prince Engineering and ETU Enterprise Agreement 2017-2021, effective from the date of the decision. The parties were directed to take all necessary steps to give effect to the agreement, including implementing the agreed terms and conditions.

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