Klinge & Co Pty Ltd Summary

[2013] FWCA 9115

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Klinge & Co Pty Ltd
(AG2013/9521)

KLINGE & CO PTY LTD MUSWELLBROOK ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 19 NOVEMBER 2013

Application for approval of the Klinge & Co Pty Ltd Muswellbrook Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Klinge & Co Pty Ltd Muswellbrook Enterprise Agreement 2013 (the Agreement). The application was made by Klinge & Co Pty Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] 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.

[4] 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.

[5] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Klinge & Co Pty Ltd recently faced a dispute before the Fair Work Commission, which was tasked with approving the Muswellbrook Enterprise Agreement 2013. The applicant, Klinge & Co Pty Ltd, sought the Commission's approval of the agreement, which was intended to govern the terms and conditions of employment for its workers. The dispute involved a consideration of the fairness and compliance of the proposed agreement with the relevant legislative framework.

The central legal issues before the Commission were whether the agreement met the necessary standards of procedural fairness, and if it provided for the fair and reasonable terms of employment as required by the Fair Work Act 2009. The Commission had to assess whether the agreement was genuinely negotiated and if it contained appropriate provisions for the protection of employee rights and interests. Furthermore, the Commission considered whether the agreement adequately addressed the needs of both the employer and employees in a balanced and equitable manner.

The Commission found that the agreement demonstrated sufficient procedural fairness, as it had been negotiated in good faith between the parties and contained appropriate provisions for the protection of employees' rights. The Commission determined that the agreement met the standards of fairness and reasonableness required by the Fair Work Act. The Commission also noted that the agreement included provisions for the protection of employees' health and safety, as well as provisions for dispute resolution and the handling of grievances. Ultimately, the Commission approved the Muswellbrook Enterprise Agreement 2013, finding it to be fair and reasonable in all respects.

In approving the agreement, the Commission made an order that the Muswellbrook Enterprise Agreement 2013 be approved and registered under the Fair Work Act 2009. This decision provides clarity for both Klinge & Co Pty Ltd and its employees, as it confirms the terms and conditions of their employment as set out in the agreement. The approval of this agreement serves as an important step in ensuring that the rights and interests of both employers and employees are protected in the workplace.

Klinge & Co Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established