DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kailis Bros Pty Ltd
(AG2015/5258)

KAILIS BROS PTY LTD – FOOD PROCESSING AND FOOD SERVICES – ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER LEE	MELBOURNE, 8 DECEMBER 2015

Application for approval of the Kailis Bros Pty Ltd - Food Processing and Food Services - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kailis Bros Pty Ltd - Food Processing and Food Services - Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kailis Bros Pty Ltd. 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] Subject to the undertakings referred to above, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2015. The nominal expiry date of the Agreement is 1 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Kailis Bros Pty Ltd to have the Enterprise Agreement 2015 approved. The company is a major player in the seafood industry, and the dispute centred around the terms and conditions of employment for its workforce. The application was lodged to ensure that the agreement complied with the requirements of the Fair Work Act 2009. The legal issues the court had to address included whether the agreement met the formal requirements of the Act, and if it provided for the proper representation of employees and adequate protections for workers. Additionally, the court examined if the agreement adhered to the good faith bargaining principles and if it was fair and reasonable in terms of pay and conditions.

In its reasoning, the Fair Work Commission examined the process by which the agreement was negotiated and the content of the agreement itself. The court found that the agreement had been negotiated in good faith and that it was representative of the employees involved. It was noted that the agreement provided for proper representation and that the process followed was in line with the provisions of the Act. The court further found that the agreement met the formal requirements, including the necessary consultation and notification processes. In terms of pay and conditions, the court considered the provisions of the agreement and determined that it was fair and reasonable. The agreement provided for adequate protections for workers and did not disadvantage any employee or group of employees. The court concluded that the agreement was compliant with the Act and approved it.

As a result of the court's decision, the Enterprise Agreement 2015 was approved and will now govern the employment conditions for the workforce of Kailis Bros Pty Ltd. The approval ensures that the agreement provides for fair and reasonable terms and conditions of employment, and that it meets the requirements of the Fair Work Act 2009. The decision also provides certainty for both the employer and the employees, as it confirms the legality and enforceability of the agreement. This outcome is significant for the parties involved and may have implications for other enterprise agreements in the industry.

Kailis Bros 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