KSB Australia Pty Ltd

[2014] FWCA 403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KSB Australia Pty Ltd
(AG2014/3353)

KSB AUSTRALIA PTY LTD (QLD) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 16 JANUARY 2014

Application for approval of the KSB Australia Pty Ltd (QLD) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the KSB Australia Pty Ltd (QLD) Enterprise Agreement 2013 (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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] 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.

[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 23 January 2014. The nominal expiry date of the Agreement is 31 December 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

KSB Australia Pty Ltd applied to the Fair Work Commission for approval of the KSB Australia Pty Ltd (QLD) Enterprise Agreement 2013. The application was made under section 231 of the Fair Work Act 2009. The Fair Work Commission was required to consider whether the agreement met the criteria for approval, including whether it provided for the terms and conditions of employment of the relevant employees, whether it was in writing and signed by authorised representatives of the employer and the employees, and whether it complied with the provisions of the Fair Work Act.

The Commission found that the agreement met all the criteria for approval. It provided for the terms and conditions of employment of the relevant employees, was in writing and signed by authorised representatives of the employer and the employees, and complied with the provisions of the Fair Work Act. The Commission noted that the agreement provided for minimum rates of pay and entitlements that were no less favourable than those provided for by the applicable award or safety net award. The Commission also noted that the agreement contained a dispute resolution procedure and provisions for the protection of employees' personal information.

The Fair Work Commission approved the KSB Australia Pty Ltd (QLD) Enterprise Agreement 2013, effective from the date of the approval. The approval was subject to the agreement being registered with the Registrar of the Fair Work Commission. The approval was also subject to any modifications that may be made by the parties to the agreement in accordance with the Fair Work Act.

CaseChat Overview and Summary

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