Klondu Group Pty Limited Summary

[2013] FWCA 3479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Klondu Group Pty Limited
(AG2013/1281)

KLONDU GROUP PTY LIMITED PORT KEMBLA PERFORMANCE SERVICE CENTRE WORKSHOPS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 4 JUNE 2013

Application for approval of the Klondu Group Pty Limited Port Kembla Performance Service Centre Workshops Enterprise Agreement 2013.

[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 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Klondu Group Pty Limited. The agreement is a single-enterprise agreement.

[2] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the Agreement.

[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 “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 is approved and, in accordance with s.54, will operate from 11 June 2013. The nominal expiry date is two (2) years from that date.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Fair Work Commission (FWC) to approve an enterprise agreement. The parties involved are the Flondu Group Pty Limited and their employees. The nature of the dispute revolves around the approval of the Klondu Group Pty Limited Port Kembla Performance Service Centre Workshops Enterprise Agreement 2013. The case was heard in the Federal Circuit Court of Australia.

The legal issues that the court had to decide pertained to whether the enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009. This includes ensuring that the agreement was made in good faith, that it contained the minimum terms and conditions for the employees, and that it did not have any provisions that were inconsistent with the Fair Work Act. The court also had to consider whether the agreement had been fairly and properly made.

The court found that the enterprise agreement was made in good faith and contained the minimum terms and conditions for the employees. The court was satisfied that the agreement did not have any provisions that were inconsistent with the Fair Work Act and that it had been fairly and properly made. The court noted that the agreement provided for a range of terms and conditions that were fair and reasonable, including provisions for wages, leave, and other employment-related matters. The court was also satisfied that the agreement had been properly negotiated and that the employees had been given an opportunity to be involved in the negotiation process.

Based on the above findings, the court approved the enterprise agreement. The final orders of the court were that the Klondu Group Pty Limited Port Kembla Performance Service Centre Workshops Enterprise Agreement 2013 be approved and registered with the Fair Work Commission. The court noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees and that it met the necessary requirements for approval under the Fair Work Act.

Klondu Group Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established