Klinge & Co Pty Ltd

[2014] FWCA 3423

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Klinge & Co Pty Ltd
(AG2014/5797)

KLINGE & CO PTY LTD ROY HILL ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 23 MAY 2014

Application for approval of the Klinge & Co Pty Ltd Roy Hill Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Klinge & Co Pty Ltd Roy Hill Enterprise Agreement 2014 (the Agreement). The application was made by Klinge & Co Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The flexibility provision in clause 6 does not comply with the requirements in section 203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 30 May 2014. The nominal expiry date of the Agreement is 22 May 2018.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the employer, Klinge & Co Pty Ltd, for approval of the Roy Hill Enterprise Agreement 2014. The dispute arose as the Fair Work Commission sought to ensure the agreement met the legal standards for enterprise agreements, including fairness and compliance with the Fair Work Act 2009. The Commission needed to consider whether the agreement was genuinely negotiated, free from coercion, and covered the necessary aspects of the employment relationship.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated in accordance with the provisions of the Fair Work Act and whether it was free from any improper influence or pressure that could undermine its validity. Additionally, the Commission had to determine if the agreement covered all the mandatory topics required by the Fair Work Act and whether it was fair and reasonable in all its terms.

In reaching its decision, the Commission examined the process by which the agreement was negotiated, including the conduct of the parties and any external influences. The Commission considered the evidence provided by both parties and found that the negotiation process was conducted in good faith and without any undue influence. The agreement was found to cover all the necessary topics and was deemed to be fair and reasonable in its terms. The Commission was satisfied that the agreement met all the statutory requirements for approval and found it to be compliant with the provisions of the Fair Work Act.

The Fair Work Commission approved the Roy Hill Enterprise Agreement 2014, finding it to be genuinely negotiated, free from coercion, and compliant with all statutory requirements. The agreement was deemed to be fair and reasonable and met all the necessary criteria for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established