DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Klondu Group Pty Limited
(AG2015/5318)

KLONDU GROUP PTY LIMITED PORT KEMBLA PERFORMANCE SERVICE CENTRE WORKSHOPS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 9 NOVEMBER 2015

Application for approval of the Klondu Group Pty Limited Port Kembla Performance Service Centre Workshops Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Klondu Group Pty Limited Port Kembla Performance Service Centre Workshops Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Klondu Group Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in 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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 9 November 2015 and, in accordance with s.54, will operate from 16 November 2015. The nominal expiry date of the Agreement is 3 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Klondu Group Pty Limited applied to the Fair Work Commission for the approval of the Klondu Group Pty Limited Port Kembla Performance Service Centre Workshops Enterprise Agreement 2015. The applicant, Klondu, is a company involved in the provision of marine towage, tug supply and port services. The application for approval was brought before the Commission by Klondu. The Commission was required to determine whether the agreement satisfied the requirements of the Fair Work Act 2009 for being registered and in force. Specifically, the Commission needed to ascertain if the agreement met the criteria for good faith bargaining, if it complied with the relevant minimum terms and conditions, and whether it was appropriately certified.

The Commission considered the evidence provided and the submissions made by the parties. It examined the process of negotiation and the content of the agreement to ensure it met the statutory requirements. The Commission found that the agreement was the product of genuine and good faith bargaining, and that it complied with the minimum terms and conditions set out in the Fair Work Act 2009. The certification process was also deemed to have been conducted in accordance with the legislative requirements. As a result, the Commission approved the application and registered the agreement as a registered agreement under the Fair Work Act 2009.

In light of the findings, the Fair Work Commission approved the application for the registration of the Klondu Group Pty Limited Port Kembla Performance Service Centre Workshops Enterprise Agreement 2015. The agreement was registered and came into force on the date of the Commission's decision, ensuring that the terms and conditions outlined in the agreement would apply to the relevant employees and employers. This decision provided certainty and stability in the workplace, facilitating harmonious industrial relations between the parties.

Klondu Group Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established