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

Annexure A

CaseChat Overview and Summary

The Federal Court heard an application for the approval of a maintenance work agreement between Kuiper Australia Pty Ltd and its employees, represented by the Communications, Electrical and Plumbing Union. The union sought approval for the Kuiper Australia Pty Ltd Maintenance Work (Western Australia and Northern Territory) Agreement 2021-2025, which aimed to govern the employment terms of the union’s members working in the maintenance sector across Western Australia and the Northern Territory. The applicants contended that the agreement was fair and reasonable and should be approved under the Fair Work Act 2009.

The court was tasked with determining whether the agreement met the criteria for approval under section 234 of the Act, which requires that an agreement be fair and reasonable and not detrimental to the parties involved. Key issues included whether the agreement provided fair terms and conditions, ensured that no party was disadvantaged, and complied with the statutory requirements for a registered agreement. The union argued that the agreement was the product of genuine collective bargaining and was fair and reasonable for its members, while Kuiper Australia Pty Ltd supported the agreement, asserting its fairness and reasonableness.

The court found that the agreement was indeed fair and reasonable, meeting all statutory criteria for approval. The court examined the bargaining process, the terms and conditions of the agreement, and its impact on the employees. It concluded that the agreement provided fair compensation, working conditions, and other terms that were reasonable in all respects. The court further determined that the agreement did not disadvantage any party and complied with all legislative requirements. Based on these findings, the court approved the agreement, recognising it as a valid and enforceable instrument.

The court ordered the approval of the Kuiper Australia Pty Ltd Maintenance Work (Western Australia and Northern Territory) Agreement 2021-2025, effective from the date of the court's decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms of the union's members in the specified regions. The court’s decision provided certainty and legal enforceability to the terms of the agreement, ensuring that it would regulate the industrial relationship between the parties as intended.

Kuiper 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