KSB Australia Pty Ltd

[2018] FWCA 7751

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

KSB Australia Pty Ltd

(AG2018/5075)

KSB AUSTRALIA PTY LTD (QLD) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 20 DECEMBER 2018

Application for approval of the KSB Australia Pty Ltd (QLD) Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the KSB Australia Pty Ltd (QLD) Enterprise Agreement 2018 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement was approved on 20 December 2018 and, in accordance with s.54, will operate from 27 December 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, KSB Australia Pty Ltd, an employer, applied for the approval of the KSB Australia Pty Ltd (QLD) Enterprise Agreement 2018. The applicant sought to implement various terms and conditions for its employees, which were proposed in the agreement. The application was made under the Fair Work Act 2009, specifically targeting the provisions that allow for the approval of enterprise agreements. The dispute primarily revolved around whether the proposed terms in the agreement met the statutory requirements for approval, including whether they provided for fair and reasonable terms and conditions for employees.

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory requirements under the Fair Work Act. This included verifying if the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the provisions concerning direct or indirect dismissal or discrimination against employees for proposing or participating in the agreement. Additionally, the Commission had to ensure that the agreement did not contravene the safety net of minimum entitlements and did not unfairly disadvantage any group of employees.

The Fair Work Commission, after thorough examination, found that the proposed agreement was fair and reasonable in all respects. It was determined that the agreement met the statutory requirements under the Fair Work Act, including the provisions for minimum entitlements and the protection against unfair dismissal or discrimination. The Commission was satisfied that the proposed terms provided a balanced approach to the needs of both the employer and the employees, and thus approved the KSB Australia Pty Ltd (QLD) Enterprise Agreement 2018. The decision was made in light of the evidence presented and the legal framework provided by 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