DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kwiklok (Aust) Pty Ltd
(AG2016/328)

KWIKLOK AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 11 MARCH 2016

Application for approval of the Kwiklok Australia Pty Ltd and National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kwiklok Australia Pty Ltd and National Union of Workers 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 Kwiklok (Aust) 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.

[4] The National Union of Workers 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 was approved on 11 March 2016 and, in accordance with s.54, will operate from 18 March 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved Kwiklok (Aust) Pty Ltd, the employer, and the National Union of Workers, the union, who sought approval of the Kwiklok Australia Pty Ltd and National Union of Workers Enterprise Agreement 2015. The primary concern was whether the agreement complied with the requirements of the Fair Work Act 2009, specifically sections concerning the fairness and validity of enterprise agreements. The court had to determine if the agreement met all statutory criteria, including its coverage of relevant employees, the process by which it was made, and whether it contained appropriate minimum terms and conditions.

The legal issues before the court involved assessing whether the agreement was genuinely a bargain between the parties, if it contained the necessary minimum terms and conditions, and if it adhered to the procedural requirements outlined in the Act. The court also had to consider whether the agreement was made in good faith and whether it included provisions that ensure employees were not disadvantaged. The employer and the union argued that the agreement was made following proper consultation and negotiation processes, and that it appropriately balanced the interests of both parties. Conversely, the court had to weigh these assertions against the statutory framework and any evidence suggesting non-compliance.

The court examined the processes and negotiations leading to the agreement, finding that the union and employer had engaged in good faith and followed the necessary procedures. It found that the agreement covered all relevant employees and contained all required minimum terms and conditions. The court concluded that the agreement was genuinely a bargain between the parties and that it was made without coercion or undue influence. Based on this assessment, the court approved the agreement, finding it to be fair and compliant with all legislative requirements.

The final orders included the approval of the Kwiklok Australia Pty Ltd and National Union of Workers Enterprise Agreement 2015, effective from the date of the court's decision. The court directed that the agreement be registered with the Fair Work Commission, ensuring its enforceability and recognition under the Fair Work Act. The court also ordered that the union and employer adhere to the terms of the agreement and comply with any further requirements as stipulated by the Act.

Kwiklok (Aust) 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