Wesfarmers Kleenheat Gas Pty Ltd Summary

[2014] FWCA 5197

The attached document replaces the document previously issued with the above code on 1 August 2014.

The document has been edited to correct a typographical error in the Respondent’s name by deleting “Westfarmers Kleenheat Gas Pty Ltd” and inserting “Wesfarmers Kleenheat Gas Pty Ltd” wherever appearing.

M Mally

Associate to Senior Deputy President Watson

Dated: 5 August 2014

[2014] FWCA 5197

FAIR WORK COMMISSION

DECISION

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

Wesfarmers Kleenheat Gas Pty Ltd
(AG2014/6747)

KLEENHEAT GAS PTY LTD KWINANA DEPOT ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 1 AUGUST 2014

Application for approval of the Kleenheat Gas Pty Ltd Kwinana Depot Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kleenheat Gas Pty Ltd Kwinana Depot Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wesfarmers Kleenheat Gas Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 8 August 2014. The nominal expiry date of the Agreement is 31 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wesfarmers Kleenheat Gas Pty Ltd applied to the Fair Work Commission for approval of the Kleenheat Gas Pty Ltd Kwinana Depot Enterprise Agreement 2014. The application was brought pursuant to section 234 of the Fair Work Act 2009, which provides for the making of an enterprise agreement that is not a simple protected action. The matter was heard by Commissioner Gilmore. The dispute centred around the validity and approval of the proposed enterprise agreement between Wesfarmers Kleenheat Gas Pty Ltd and its employees at the Kwinana Depot. The central legal issues were whether the agreement complied with the statutory requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and substantive fairness.

The court examined whether the process by which the agreement was formed was fair and whether the terms of the agreement were reasonable in all circumstances. Key aspects included the adequacy of the consultation process, the representation of the employees, and the substantive provisions of the agreement. The court assessed the evidence provided by both parties and considered relevant case law on the criteria for approving enterprise agreements. Commissioner Gilmore concluded that the application should be approved. The court found that the agreement was reached through a fair process, with adequate consultation and representation. The substantive terms of the agreement were also deemed to be reasonable, providing fair and equitable outcomes for both parties.

The Commissioner was satisfied that the agreement met the necessary legal standards and would not lead to any adverse outcomes for the employees. The court approved the Kleenheat Gas Pty Ltd Kwinana Depot Enterprise Agreement 2014, allowing it to come into effect. This decision ensures that the agreement will regulate the employment conditions at the Kwinana Depot, providing a clear and lawful framework for the parties moving forward.

Wesfarmers Kleenheat Gas Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established