Keppel Prince Engineering T/A Keppel Prince Engineering Pty Ltd

Case [2024] FWCA 1642
[2024] FWCA 1642

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Keppel Prince Engineering T/A Keppel Prince Engineering Pty Ltd

(AG2024/1367)

KEPPEL PRINCE ENTERPRISE AGREEMENT 2024 FOR THE PORTLAND ALUMINIUM SITE

Manufacturing and associated industries

COMMISSIONER MIRABELLA

MELBOURNE, 3 MAY 2024

Application for approval of the Keppel Prince Enterprise Agreement 2024 for the Portland Aluminium Site.

  1. Keppel Prince Engineering T/A Keppel Prince Engineering Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Keppel Prince Enterprise Agreement 2024 for the Portland Aluminium Site (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

  1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 29 November 2023 and the Agreement was made on 10 April 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

  1. 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 and 188, as are relevant to this application for approval, has been met.

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the FW 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 these organisations.

  1. The Agreement was approved on 3 May 2024 and, in accordance with s.54 of the FW Act, will operate from 10 May 2024. The nominal expiry date of the Agreement is 30 September 2026.

COMMISSIONER

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Details
AGLC
Keppel Prince Engineering T/A Keppel Prince Engineering Pty Ltd [2024] FWCA 1642
Case
[2024] FWCA 1642
Decision Date

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of the Keppel Prince Enterprise Agreement 2024 for the Portland Aluminium Site. The applicant, Keppel Prince Engineering T/A Keppel Prince Engineering Pty Ltd, sought the Commission’s approval under section 234 of the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers’ Union, who raised several concerns regarding the terms of the proposed agreement.

The legal issues before the Commission involved assessing whether the proposed agreement met the criteria for approval under the Fair Work Act. The key issues included whether the agreement provided for the proper negotiation of terms and conditions of employment, whether it allowed for the free expression of views on the proposed agreement, and whether it was in the best interests of the employees. Additionally, the Commission considered whether the agreement provided fair and reasonable terms and conditions of employment.

The Commission found that the agreement was the product of proper negotiation and met the statutory requirements. The Commission determined that the process followed allowed employees to freely express their views on the proposed agreement, and that the agreement contained fair and reasonable terms and conditions of employment. The Commission also considered the economic and employment context of the agreement and concluded that it was in the best interests of the employees.

The Fair Work Commission approved the Keppel Prince Enterprise Agreement 2024 for the Portland Aluminium Site, noting the agreement's compliance with statutory requirements and its fair and reasonable terms and conditions of employment. The Commission's decision recognised the need to balance the interests of the employer and employees while ensuring the agreement met the legislative standards for approval.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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