DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kellogg (Aust) Pty Ltd
(AG2016/4252)

KELLOGG (AUST) PTY LTD BOTANY AND NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 22 SEPTEMBER

Application for approval of the Kellogg (Aust) Pty Ltd Botany and National Union of Workers Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Kellogg (Aust) Pty Ltd Botany and National Union of Workers Collective Agreement 2016 (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 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2016. The nominal expiry date of the Agreement is 21 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for approval of the Kellogg (Aust) Pty Ltd Botany and National Union of Workers Collective Agreement 2016, the Fair Work Commission heard submissions from the parties involved. Kellogg (Aust) Pty Ltd sought approval for a collective agreement which would govern the employment terms and conditions of its employees at its Botany site. The National Union of Workers, representing the employees, also participated in the proceedings.

The primary legal issue before the Commission was whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the provisions related to the coverage of employees, the process of agreement-making, and the content of the agreement itself. The Commission had to consider if the agreement was made in good faith and if it provided for a fair and efficient system of determining employees' terms and conditions of employment.

The Commission examined the evidence and submissions provided by both parties. It found that the collective agreement was made in good faith, was representative of the employees, and provided for a fair and efficient system of determining employees' terms and conditions of employment. The Commission considered the process by which the agreement was negotiated and concluded that it complied with the statutory requirements. The content of the agreement was also found to be consistent with the relevant provisions of the Fair Work Act. Therefore, the Commission approved the collective agreement.

The Fair Work Commission approved the Kellogg (Aust) Pty Ltd Botany and National Union of Workers Collective Agreement 2016, finding it to be in compliance with the statutory requirements under the Fair Work Act 2009. The Commission's decision was based on its determination that the agreement was made in good faith, was representative of the employees, and provided for a fair and efficient system of determining employees' terms and conditions of employment.

Kellogg (Aust) 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