| [2024] FWCA 1622 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Keppel Prince Engineering T/A Keppel Prince Engineering Pty Ltd
(AG2024/1368)
KEPPEL PRINCE ENGINEERING ENTERPRISE AGREEMENT 2024 FOR PA MANUFACTURING SERVICES
| Manufacturing and associated industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 3 MAY 2024 |
Application for approval of the Keppel Prince Engineering Enterprise Agreement 2024 for PA Manufacturing Services.
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 Engineering Enterprise Agreement 2024 for PA Manufacturing Services (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.
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 11 April 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
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.
The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
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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- AGLC
- Keppel Prince Engineering T/A Keppel Prince Engineering Pty Ltd [2024] FWCA 1622
- Case
- [2024] FWCA 1622
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Commission were whether the proposed agreement adequately addressed the requirements of the Fair Work Act, particularly regarding the provisions on minimum wages, penalty rates, leave entitlements, and procedural fairness in the negotiation process. The Commission had to determine if the agreement met the standards for a modern award, ensuring it provided fair and reasonable terms for the employees while also accommodating the business needs of the employer.
In examining the agreement, the Commission considered various factors, including the adequacy of wage rates, the balance of benefits and entitlements, and the fairness of the negotiation process. The Commission noted the parties' efforts to negotiate in good faith and the comprehensive nature of the agreement. Ultimately, the Commission was satisfied that the agreement met the necessary legislative standards and approved the proposed enterprise agreement. The decision underscores the importance of a balanced approach in enterprise bargaining, ensuring that the rights and needs of both employers and employees are fairly represented.
Orders
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Background
Background to the litigation
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Evidence
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Ratio Decidendi
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