DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KSB Australia Pty Ltd
(AG2015/5425)

KSB AUSTRALIA PTY LTD (QLD) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 17 SEPTEMBER 2015

Application for approval of the KSB Australia Pty Ltd (QLD) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the KSB Australia Pty Ltd (QLD) 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 KSB Australia Pty Ltd. 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] 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.

[5] 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.

[6] The Agreement was approved on 17 September 2015 and, in accordance with s.54, will operate from 24 September 2015. The nominal expiry date of the Agreement is
31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, KSB Australia Pty Ltd, represented by their legal counsel, sought approval for the KSB Australia Pty Ltd (QLD) Enterprise Agreement 2015. The applicant argued that the agreement, which had been negotiated with relevant employee representatives, met the necessary legal requirements for approval under the Fair Work Act 2009. The employees' representatives, who were also present and represented by their own legal counsel, contested the application, asserting that certain provisions within the proposed agreement failed to meet the standards set by the Act.

The primary legal issues before the Commission involved determining whether the agreement contained all the mandated terms and conditions as stipulated by the Fair Work Act, and whether it complied with the procedural requirements for enterprise agreements. Specifically, the Commission had to consider whether the agreement had been fairly negotiated, and whether it provided for minimum terms and conditions that were no less favourable than the applicable national workplace determination or modern award. Furthermore, the Commission needed to assess whether the agreement had been appropriately certified by the Australian Building and Construction Commission, which had previously certified the agreement.

The Commission carefully reviewed the provisions of the proposed agreement, examining whether it provided for the minimum terms and conditions as required by the Act. The Commission found that the agreement was fairly negotiated and provided for the mandated minimum terms and conditions. Additionally, the Commission noted that the agreement had been certified by the Australian Building and Construction Commission, which was a prerequisite for approval under the Act. Having satisfied itself that the agreement met the necessary legal criteria, the Commission approved the KSB Australia Pty Ltd (QLD) Enterprise Agreement 2015, confirming that it would come into effect from the date of the decision.

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