DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kiewa Valley Engineering Pty Ltd T/A KVE
(AG2015/4954)

KIEWA VALLEY ENGINEERING ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 15 SEPTEMBER 2015

Application for approval of the Kiewa Valley Engineering Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Kiewa Valley Engineering Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kiewa Valley Engineering Pty Ltd T/A KVE. 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 Agreement was approved on 15 September 2015 and, in accordance with s.54, will operate from 22 September 2015. The nominal expiry date of the Agreement is
30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kiewa Valley Engineering Pty Ltd trading as KVE, sought approval of an enterprise agreement covering the period from 2015 to 2018. The application was brought before the Fair Work Commission, which is tasked with assessing the fairness and appropriateness of enterprise agreements under Australian labour law.

The legal issues that the Commission was required to determine included whether the agreement was genuinely negotiated between the employer and the employees, if it provided for a proper process for resolving disputes, and if it met the criteria for being a "better-off overall" agreement as required by the Fair Work Act 2009. Additionally, the Commission needed to consider if the agreement complied with the "no disadvantage" test, which ensures that employees are not placed at a worse position compared to their previous conditions.

The Commission found that the agreement had been genuinely negotiated between the parties, and it contained adequate provisions for dispute resolution. It also concluded that the agreement met the "better-off overall" test, as it provided for improved conditions and benefits for the employees. Furthermore, the agreement did not place employees at a disadvantage compared to their previous conditions. Therefore, the Commission approved the enterprise agreement.

In its decision, the Fair Work Commission approved the Kiewa Valley Engineering Enterprise Agreement 2015-2018, confirming that it met the necessary legal standards and was fair and appropriate for the employees covered by the agreement.

Kiewa Valley Engineering Pty Ltd T/A KVE

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established