DECISION

Fair Work Act 2009
s.185—Enterprise agreement

King Family Trust T/A Kingco Engineering Pty Ltd
(AG2015/2441)

KINGCO ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 27 APRIL 2015

Application for approval of the Kingco Engineering Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kingco Engineering Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by King Family Trust T/A Kingco Engineering Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clause 23.7 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 4 May 2015. The nominal expiry date of the Agreement is 3 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The applicant, King Family Trust, trading as Kingco Engineering Pty Ltd, sought approval of the Enterprise Agreement 2015 from the Fair Work Commission. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and was fair and reasonable for the employees covered by the agreement. The matter was heard by the Fair Work Commission.

The central legal issue was whether the Enterprise Agreement 2015 met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was procedurally valid, contained only permissible provisions, and was fair and reasonable. The Commission also considered whether the agreement appropriately balanced the interests of the employer and employees.

The Commission found that the agreement was procedurally valid, with proper consultation and negotiation processes undertaken. The provisions of the agreement were examined to ensure they complied with the Fair Work Act, and it was determined that they did. The Commission concluded that the agreement was fair and reasonable, striking an appropriate balance between the employer's and employees' interests. Consequently, the Commission approved the Enterprise Agreement 2015.

The Fair Work Commission approved the Enterprise Agreement 2015, finding it to be procedurally valid, compliant with the Fair Work Act, and fair and reasonable. The approval ensures that the agreement will govern the employment conditions of the relevant employees.

King Family Trust T/A Kingco 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