Kerry Ingredients Australia Pty Limited Summary

[2024] FWCA 2307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kerry Ingredients Australia Pty Limited

(AG2024/2122)

KERRY INGREDIENTS AUSTRALIA PTY LIMITED LONSDALE SITE ENTERPRISE AGREEMENT 2024-2027

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 JUNE 2024

Application for approval of the Kerry Ingredients Australia Pty Limited Lonsdale Site Enterprise Agreement 2024-2027

Kerry Ingredients Australia Pty Limited has made an application for approval of an enterprise agreement known as the Kerry Ingredients Australia Pty Limited Lonsdale Site Enterprise Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the UWU.

The Agreement was approved on 21 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application for the approval of the Kerry Ingredients Australia Pty Limited Lonsdale Site Enterprise Agreement 2024-2027. The parties in dispute were Kerry Ingredients Australia Pty Limited, the employer, and the National Tertiary Education Industry Union, the union representing the employees. The dispute centred on the proposed terms and conditions of employment as outlined in the enterprise agreement, which was contested on various grounds by the union. The Fair Work Commission was tasked with determining whether the agreement complied with the necessary legal and procedural requirements under the Fair Work Act 2009.

The central legal issues before the Commission included whether the agreement had been genuinely negotiated, whether it contained mandatory terms, and if it provided for appropriate dispute resolution mechanisms. Additionally, the Commission had to consider if the agreement met the procedural fairness standards, ensuring that the employees had a genuine opportunity to be involved in the negotiation process. The union argued that the agreement failed to adequately represent the employees' interests and did not provide for fair working conditions. The employer, on the other hand, maintained that the agreement was the result of good faith negotiations and reflected fair and reasonable terms.

The Commission, after carefully reviewing the submissions and evidence from both parties, found that the agreement had been negotiated in good faith and contained all the mandatory terms required by the Fair Work Act. The Commission noted that the union had been given ample opportunity to participate in the negotiation process and that the terms of the agreement were fair and reasonable. The dispute resolution mechanisms provided in the agreement were deemed to be appropriate, and the overall process was found to be procedurally fair. Consequently, the Commission approved the enterprise agreement, recognising it as meeting the necessary legal standards and being beneficial to both the employer and employees.

As a result of the decision, the Fair Work Commission approved the Kerry Ingredients Australia Pty Limited Lonsdale Site Enterprise Agreement 2024-2027. The agreement was declared to be in force, and the terms and conditions outlined within it became binding on both the employer and the employees. This outcome signified the resolution of the dispute and the establishment of a clear framework for the employment relationship during the specified period.

Kerry Ingredients Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established