DECISION

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

Wesfarmers Kleenheat Gas Pty Ltd T/A Kleenheat Gas
(AG2021/5427)

KLEENHEAT MAINTENANCE WORKSHOP (R&F) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 JUNE 2021

Application for approval of the Kleenheat Maintenance Workshop (R&F) Enterprise Agreement 2021.

[1] Wesfarmers Kleenheat Gas Pty Ltd T/A Kleenheat Gas has made an application for the approval of an enterprise agreement known as the Kleenheat Maintenance Workshop (R&F) Enterprise Agreement 2021 (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 Agreement was approved on 14 June 2021 and, in accordance with s 54, will operate from 21 June 2021. The nominal expiry date of the Agreement is 14 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Wesfarmers Kleenheat Gas Pty Ltd T/A Kleenheat Gas, the Fair Work Commission was tasked with determining the approval of the Kleenheat Maintenance Workshop (R&F) Enterprise Agreement 2021. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The application for approval was brought forth by the employer, Wesfarmers Kleenheat Gas Pty Ltd, while the Australian Manufacturing Workers’ Union acted on behalf of the employees.

The primary legal issue before the Commission was whether the agreement contained all the mandatory terms as prescribed by the Fair Work Act. Additionally, the Commission had to assess if the agreement was made in good faith and if it provided for a fair and efficient workplace. The Commission also considered whether the agreement met the requirements of the Fair Work (Registered Organisations) Act 2009, including whether the union was genuinely representative of the employees.

In its decision, the Fair Work Commission found that the Kleenheat Maintenance Workshop (R&F) Enterprise Agreement 2021 complied with the statutory obligations under the Fair Work Act. The Commission was satisfied that the agreement contained all the mandatory terms and was made in good faith. Furthermore, the Commission confirmed that the Australian Manufacturing Workers’ Union was genuinely representative of the employees and that the agreement provided for a fair and efficient workplace. Consequently, the Commission approved the agreement, deeming it to be in the best interests of the employees and the employer.

The Fair Work Commission's decision was clear and concise, providing a detailed analysis of the statutory requirements and the evidence presented by both parties. The Commission's approval of the Kleenheat Maintenance Workshop (R&F) Enterprise Agreement 2021 sets a precedent for future enterprise agreements and highlights the importance of ensuring compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act.

Wesfarmers Kleenheat Gas Pty Ltd T/A Kleenheat Gas

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established