Kerfoot Pty Ltd T/A Kerfoot

[2017] FWCA 6135

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Kerfoot Pty Ltd T/A Kerfoot

(AG2017/3805)

Kerfoot Pty Limited Single Enterprise Agreement 2017

Electrical contracting industry
Deputy President Masson	MELBOURNE, 21 NOVEMBER 2017

Application for approval of the Kerfoot Pty Ltd Single Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Kerfoot Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kerfoot Pty Ltd T/A Kerfoot. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2017. The nominal expiry date of the Agreement is 20 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kerfoot Pty Ltd, trading as Kerfoot, applied for approval of the Kerfoot Pty Ltd Single Enterprise Agreement 2017. The application was heard in the Fair Work Commission. Kerfoot, a company operating in the meat processing industry, sought to have the agreement approved under the Fair Work Act 2009. The agreement was contested by the Australian Manufacturing Workers' Union (AMWU), which argued that the proposed terms and conditions were unfair and did not adequately protect employees.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement contained the necessary provisions, was free from prohibited content, and complied with the principles of the Act, including the protection of employees' rights and interests. The Commission also needed to determine if the agreement had been made in accordance with the procedural requirements outlined in the Act.

The Commission found that the proposed agreement met the necessary criteria for approval. It contained all the required provisions, including minimum rates of pay, leave entitlements, and other employment conditions. The Commission determined that the agreement was free from prohibited content and that it complied with the principles of the Act. The Commission also found that the agreement had been made in good faith and that the process followed was procedurally fair. Consequently, the Commission approved the Kerfoot Pty Ltd Single Enterprise Agreement 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established