DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kenrose Co Pty Ltd
(AG2018/2817)

KENROSE ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Kenrose Enterprise Agreement 2018.

[1] Further to my Decision in Ceres Farm Enterprise Agreement 2018 & Ors 1, thisdecision deals with the application for approval of an enterprise agreement known as the Kenrose Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kenrose Co Pty Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] For the reasons set out in my earlier Decision and 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 7 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2019] FWC 1016

CaseChat Overview and Summary

Kenrose Co Pty Ltd recently appeared before the Fair Work Commission in an application for approval of the Kenrose Enterprise Agreement 2018. The applicant, Kenrose, sought to have the agreement approved as a protected action in accordance with the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable and that it should be approved, while the respondent, the Australian Manufacturing Workers’ Union, opposed the application on various grounds, arguing that the agreement was not fair and reasonable.

The primary legal issues the commission needed to address were whether the agreement contained terms that were fair and reasonable and whether it complied with the requirements of the Fair Work Act 2009. The commission considered the criteria for approval under section 234 of the Act, including whether the agreement was free from coercion and undue influence, whether it provided for proper and timely consultation, and whether it contained terms that were fair and reasonable in all respects.

The commission found that the agreement contained terms that were fair and reasonable and that it complied with the requirements of the Fair Work Act 2009. The commission noted that the agreement provided for proper and timely consultation between the parties and that it contained provisions that were consistent with industry standards. The commission also found that the agreement did not contain any terms that were unfair or unreasonable and that it provided for adequate protection for employees. The commission approved the agreement as a protected action, and the application was successful.

In approving the agreement, the commission made orders that the Kenrose Enterprise Agreement 2018 be approved as a protected action in accordance with the Fair Work Act 2009. The agreement is now in effect and binding on the parties. The decision provides clarity on the criteria for approval of enterprise agreements and reinforces the importance of proper and timely consultation in the agreement-making process.

Kenrose Co 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