KSB Australia Pty Ltd Summary

[2025] FWCA 1703

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

KSB Australia Pty Ltd

(AG2025/1498)

KSB AUSTRALIA PTY LTD (QLD) ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 21 MAY 2025

Application for approval of the KSB Australia Pty Ltd (QLD) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the KSB Australia Pty Ltd (QLD) Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

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

KSB Australia Pty Ltd applied to the Fair Work Commission for the approval of their Enterprise Agreement. The agreement was between KSB Australia Pty Ltd and the Manufacturing, Engineering and Related Industries Union. The application was contested by the union, which argued that the agreement did not sufficiently protect employees' rights and conditions.

The Fair Work Commission had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for minimum wages and conditions, allowed for genuine collective bargaining, and did not discriminate against any class of employee. The commission also needed to consider if the agreement was in the public interest and whether it was consistent with the objects of the Act.

After a thorough review, the Fair Work Commission found that the agreement met all the necessary criteria. The commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and it did not contain any discriminatory provisions. The commission also concluded that the agreement was in the public interest and consistent with the objects of the Act.

As a result, the Fair Work Commission approved the KSB Australia Pty Ltd (QLD) Enterprise Agreement 2024. The agreement now has legal effect and will govern the employment terms and conditions for the employees covered by the agreement.

KSB Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established