DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KSB Australia Pty Ltd
(AG2021/6166)

KSB AUSTRALIA PTY LTD (QLD) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 28 JULY 2021

Application for approval of the KSB Australia Pty Ltd (QLD) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the KSB Australia Pty Ltd (QLD) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KSB Australia Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AMWU wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, KSB Australia Pty Ltd sought approval of an enterprise agreement with its employees. The company, a manufacturer of pumps, valves and other mechanical equipment, was seeking to alter the conditions of employment of its workforce. The dispute centred on the proposed changes to the agreement, which the union representing the employees contested on various grounds, including the adequacy of the proposed changes and the process by which they were negotiated.

The legal issues before the commission included whether the agreement had been made in accordance with the requirements of the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions of employment. The commission had to consider whether the agreement had been made genuinely and in good faith, and whether it provided for a fair and reasonable outcome for all parties. The commission also had to consider whether the agreement provided for appropriate mechanisms for resolving disputes and ensuring compliance.

After hearing submissions from both parties, the commission found that the agreement had been made in accordance with the requirements of the act and provided for fair and reasonable terms and conditions of employment. The commission found that the agreement provided for appropriate mechanisms for resolving disputes and ensuring compliance, and that it had been made genuinely and in good faith. The commission approved the agreement, subject to certain modifications to ensure that it complied with relevant legislative requirements.

The final orders of the commission included approval of the enterprise agreement, subject to certain modifications. The commission also ordered that the agreement be registered with the Fair Work Commission and that it be given effect from the date of the decision. The commission further ordered that the parties take all necessary steps to give effect to the agreement and to ensure that it is complied with by all relevant parties.

KSB Australia 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