Kellogg (Aust) Pty Ltd

[2021] FWCA 480

[2021] FWCA 480

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kellogg (Aust) Pty Ltd
(AG2020/4090)

KELLOGG (AUST) PTY LTD BOTANY AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 1 FEBRUARY 2021

Application for approval of the Kellogg (Aust) Pty Ltd Botany and United Workers Union Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Kellogg (Aust) Pty Ltd Botany and United Workers Union Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kellogg (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 United Workers’ Union 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 26;

•  Clause 32(a);

•  Clause 34(B) and 34(D);

•  Clause 43(d);

•  Clause 44(a);

•  Clause 56;

•  Part 2, clause 5.3(b), 7.2, 8.2(a) and 10.3; and

•  Annexure E.

However, noting the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2021. The nominal expiry date of the Agreement is 31 January 2025.

COMMISSIONER

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Annexure A