Wesfarmers LPG Pty Ltd

[2021] FWCA 6132 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wesfarmers LPG Pty Ltd

(AG2021/7589)

Kleenheat Production Facility Maintenance Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 6 OCTOBER 2021

Application for approval of the Kleenheat Production Facility Maintenance Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Kleenheat Production Facility Maintenance Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wesfarmers LPG Pty Ltd. The Agreement is a single enterprise agreement.

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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2021. The nominal expiry date of the Agreement is 12 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wesfarmers LPG Pty Ltd applied to the Fair Work Commission for approval of the Kleenheat Production Facility Maintenance Enterprise Agreement 2021. The application arose from negotiations between Wesfarmers and the Australian Manufacturing Workers' Union, which sought to establish terms and conditions for employees in the maintenance of Kleenheat production facilities. The union argued that the proposed agreement did not sufficiently protect employee interests, particularly regarding redundancy provisions and access to enterprise bargaining.

The primary legal issue before the Commission was whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it complied with the procedural requirements for enterprise agreements. The Commission also considered whether the agreement was free from any unlawful content and whether it adequately protected employee interests, including provisions for redundancy and access to enterprise bargaining.

The Fair Work Commission found that the proposed agreement largely met the statutory criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees, including appropriate redundancy provisions. While the union raised concerns about the redundancy provisions, the Commission determined that they were sufficiently robust to protect employee interests. Additionally, the Commission noted that the agreement included provisions for access to enterprise bargaining, which aligned with the legislative framework. The Commission concluded that the agreement was free from any unlawful content and that it complied with all necessary procedural requirements. Therefore, the application for approval of the Kleenheat Production Facility Maintenance Enterprise Agreement 2021 was approved.

The Fair Work Commission approved the Kleenheat Production Facility Maintenance Enterprise Agreement 2021, finding it to be fair and reasonable and in compliance with the statutory requirements. The agreement was deemed to adequately protect employee interests, including provisions for redundancy and access to enterprise bargaining. The Commission's decision ensures that the terms and conditions established in the agreement are legally sound and beneficial for the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established