FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kiewa Valley Engineering Pty Ltd T/A KVE
(AG2015/4954)

KIEWA VALLEY ENGINEERING ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 15 SEPTEMBER 2015

Application for approval of the Kiewa Valley Engineering Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Kiewa Valley Engineering Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kiewa Valley Engineering Pty Ltd T/A KVE. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 15 September 2015 and, in accordance with s.54, will operate from 22 September 2015. The nominal expiry date of the Agreement is
30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were RPC Technologies Pty Ltd and the Electrical Trades Union of Australia. The dispute centred around the approval of the Kiewa Valley Engineering Enterprise Agreement 2015-2018. The case was heard by the Fair Work Commission (FWC) in Australia.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the 'better off overall test' (BOOT) under the Fair Work Act 2009. The BOOT requires that employees be at least as well off financially and in terms of conditions compared to what they would have under their previous agreements or awards. The union argued that the proposed agreement did not adequately protect employees' conditions and entitlements, thus failing the BOOT.

The FWC examined the terms of the proposed agreement, including wages, working hours, and other employment conditions. The Commission found that the proposed agreement provided employees with benefits that were at least as good as, if not better than, their previous conditions. The FWC determined that the agreement met the BOOT, and thus approved the enterprise agreement. The union's concerns about certain provisions were addressed through the FWC's detailed analysis and modifications to the agreement.

The FWC issued an order approving the Kiewa Valley Engineering Enterprise Agreement 2015-2018, subject to the modifications made during the hearing. This decision concluded that the agreement was fair and met the legal requirements for approval under the Fair Work Act.

RPC Technologies 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