DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kerry Ingredients Australia Pty Limited
(AG2021/4889)

KERRY INGREDIENTS AUSTRALIA PTY LIMITED LONSDALE SITE ENTERPRISE AGREEMENT 2021-2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 4 MAY 2021

Application for approval of the Kerry Ingredients Australia Pty Limited Lonsdale Site Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Kerry Ingredients Australia Pty Limited Lonsdale Site Enterprise Agreement 2021-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Kerry Ingredients Australia Pty Limited (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 3 May 2021 and was determined on the papers.

[3] 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. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Kerry Ingredients Australia Pty Limited Lonsdale Site Enterprise Agreement 2021-2024. Kerry Ingredients Australia Pty Limited, the applicant, sought approval of the agreement which was made between the company and its employees represented by the National Union of Workers. The dispute centred on whether the terms of the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements for enterprise agreements under the Fair Work Act. This involved examining whether the agreement had been made in good faith, whether it contained the prescribed minimum terms, and whether it was made in accordance with the prescribed process. Additionally, the Commission had to consider whether the agreement contained terms that were contrary to the Fair Work Act or that otherwise did not comply with the prescribed process.

The Fair Work Commission determined that the agreement was made in good faith and contained all the prescribed minimum terms. The Commission found that the process for making the agreement was appropriate and that the agreement did not contain any terms that were contrary to the Fair Work Act. The Commission was satisfied that the agreement met all the necessary criteria for approval. Consequently, the Commission approved the Kerry Ingredients Australia Pty Limited Lonsdale Site Enterprise Agreement 2021-2024.

The Fair Work Commission approved the enterprise agreement, effective from the date of the decision. This approval means that the terms of the agreement are now legally binding on the parties and will govern the employment conditions for the employees at the Lonsdale site for the period specified.

Kerry Ingredients Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established