DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kerry Ingredients Australia Pty Limited
(AG2018/5925)

KERRY INGREDIENTS AUSTRALIA PTY LIMITED AND NATIONAL UNION OF WORKERS (MURARRIE SITE) ENTERPRISE AGREEMENT 2018-2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 5 FEBRUARY 2019

Application for approval of the Kerry Ingredients Australia Pty Limited and National Union of Workers (Murarrie Site) Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Kerry Ingredients Australia Pty Limited and National Union of Workers (Murarrie Site) Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kerry Ingredients Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Kerry Ingredients Australia Pty Limited, sought approval of an enterprise agreement from the Fair Work Commission, which had been negotiated with the National Union of Workers (Murarrie Site). The agreement was for the period 2018 to 2021 and covered the employees at the applicant’s Murarrie site. The union argued that the agreement did not adequately protect employee entitlements, particularly regarding shift work and overtime, while the applicant maintained that the agreement was fair and met all legal requirements.

The central legal issue was whether the enterprise agreement complied with the Fair Work Act 2009, specifically concerning the provisions for shift work and overtime. The union contended that the agreement failed to provide sufficient protection for employees' entitlements in these areas. The applicant argued that the agreement was in compliance with the relevant provisions of the Act and provided fair and reasonable terms and conditions for the employees.

The Fair Work Commission examined the provisions of the agreement in light of the relevant legislative framework. It considered the specific terms regarding shift work and overtime, evaluating whether they met the standards set by the Fair Work Act. The Commission found that while the agreement contained provisions that were generally in line with the Act, certain sections regarding shift work and overtime did not adequately protect employee entitlements. Consequently, the Commission made orders to amend specific clauses to ensure they complied with the Act, particularly in relation to the calculation and payment of overtime and shift differentials. The amended agreement was then approved by the Commission.

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