DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keppel Prince Engineering Pty Ltd
(AG2018/171)

KEPPEL PRINCE ENTERPRISE AGREEMENT 2018 FOR THE PORTLAND ALUMINIUM SITE

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 18 MAY 2018

Application for approval of the Keppel Prince Enterprise Agreement 2018 for the Portland Aluminium Site.

[1] An application has been made for approval of an enterprise agreement known as the Keppel Prince Enterprise Agreement 2018 for the Portland Aluminium Site (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] 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a 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) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 18 May 2018 and, in accordance with s.54, will operate from 25 May 2018. The nominal expiry date of the Agreement is 30 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Federal Circuit Court involved an application by Keppel Prince Engineering Pty Ltd for the approval of the Keppel Prince Enterprise Agreement 2018 for the Portland Aluminium Site. The Fair Work Commission, as the relevant authority, received the application and was tasked with determining whether the agreement met the legal criteria for approval. The dispute primarily centred on the procedural fairness and compliance of the agreement with the relevant industrial relations legislation.

The court was required to address several key legal issues, including whether the agreement was genuinely negotiated, whether the necessary consultation was conducted, and if the agreement complied with the statutory requirements set forth in the Fair Work Act 2009. The central issue was whether the application met the threshold of being a "simple, efficient and streamlined" agreement as required by the legislation.

The court found that the application was procedurally fair and that the agreement substantially complied with the legal requirements. It held that the negotiation process was genuine and that there was adequate consultation with the employees. The court noted that minor discrepancies in the agreement did not detract from its overall compliance with the statutory provisions. Consequently, the court approved the agreement, finding that it met the necessary standards for endorsement.

As a result of the court's decision, the Keppel Prince Enterprise Agreement 2018 for the Portland Aluminium Site was approved, allowing it to come into effect. This approval ensures that the terms of the agreement, which were negotiated in good faith and with proper consultation, will govern the industrial relations at the site.

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