DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LRL Dental Pty Ltd T/A Keppel Dental
(AG2019/2730)

KEPPEL DENTAL ENTERPRISE AGREEMENT

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 26 SEPTEMBER 2019

Application for approval of the Keppel Dental Enterprise Agreement.

[1] LRL Dental Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Keppel Dental Enterprise Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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 Agreement was approved on 26 September 2019 and, in accordance with s 54, will operate from 3 October 2019. The nominal expiry date of the Agreement is 1 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

LRL Dental Pty Ltd, trading as Keppel Dental, applied to the Fair Work Commission for approval of the Keppel Dental Enterprise Agreement. The agreement was intended to cover employees of Keppel Dental, who are predominantly dental assistants and receptionists. The application was contested by the Australian Services Union, which represented some of the employees. The dispute centred around several provisions within the agreement, including wage rates, working conditions, and procedural matters.

The primary legal issues that the Commission had to address were whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009 and if the agreement had been genuinely bargained. The Commission needed to ensure that the agreement complied with the good faith bargaining requirements and did not disadvantage employees. Additionally, the Commission examined if the agreement included appropriate dispute resolution mechanisms and if the consultation process was adequate.

In its decision, the Fair Work Commission determined that the agreement substantially complied with the statutory requirements. The Commission found that the agreement was the product of genuine bargaining and did not disadvantage employees. It was noted that the consultation process was thorough, and the agreement included adequate provisions for dispute resolution. Consequently, the Commission approved the Keppel Dental Enterprise Agreement.

The Fair Work Commission's final order was the approval of the Keppel Dental Enterprise Agreement, effective from the date of the decision. This approval allowed the agreement to be registered and enforceable under the Fair Work Act 2009.

LRL Dental Pty Ltd T/A Keppel Dental

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established