Kuiper Australia Pty Ltd

[2021] FWCA 3698

[2021] FWCA 3698

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Kuiper Australia Pty Ltd
(AG2021/5647)

KUIPER AUSTRALIA PTY LTD MAINTENANCE WORK (WESTERN AUSTRALIA AND NORTHERN TERRITORY) AGREEMENT 2021-2025

Clerical industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 25 JUNE 2021

Application for approval of the Kuiper Australia Pty Ltd Maintenance Work (Western Australia and Northern Territory) Agreement 2021-2025.

[1] Kuiper Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Kuiper Australia Pty Ltd Maintenance Work (Western Australia and Northern Territory) Agreement 2021-2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Australian Workers’ Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (together, the organisations),being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[6] The Agreement was approved on 25 June 2021 and, in accordance with s 54, will operate from 2 July 2021. The nominal expiry date of the Agreement is 2 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A