DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kerry Ingredients Australia Pty Limited
(AG2015/3529)

KERRY INGREDIENTS AUSTRALIA PTY LIMITED AND NATIONAL UNION OF WORKERS (NATHAN SITE) ENTERPRISE AGREEMENT 2015 - 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 3 SEPTEMBER 2015

Application for approval of the Kerry Ingredients Australia Pty Limited and National Union of Workers (Nathan Site) Enterprise Agreement 2015 - 2017.

[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 (Nathan Site) Enterprise Agreement 2015 - 2017 (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] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Kerry Ingredients Australia Pty Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2015. The nominal expiry date of the Agreement is 30 April 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the matter of Kerry Ingredients Australia Pty Limited, an application was brought before the Fair Work Commission by the company to approve the Enterprise Agreement between Kerry Ingredients Australia Pty Limited and the National Union of Workers (Nathan Site) for the period 2015 to 2017. The company sought approval of the agreement, which had been negotiated between the parties, in accordance with the provisions of the Fair Work Act 2009. The Union did not oppose the application, and the Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Act.

The primary legal issue before the Fair Work Commission was whether the Enterprise Agreement met the requirements for approval under the Fair Work Act. The Act stipulates that an agreement must be certified as a registered agreement by the Fair Work Commission if it is a genuine enterprise agreement, made in good faith, and does not contain any terms that are contrary to public policy. The Commission needed to examine the agreement to determine if it complied with these requirements. The secondary issue was whether the agreement contained any terms that were contrary to public policy, such as terms that might unfairly disadvantage employees or employers.

The Fair Work Commission found that the Enterprise Agreement met the criteria for approval. The agreement was genuine, as it had been negotiated in good faith between the parties. It did not contain any terms that were contrary to public policy, and all the provisions were consistent with the provisions of the Act. The agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement was in the best interests of both the employees and the employer, and it approved the agreement as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the Enterprise Agreement between Kerry Ingredients Australia Pty Limited and the National Union of Workers (Nathan Site) for the period 2015 to 2017 as a registered agreement under the Fair Work Act. The agreement was found to be genuine, made in good faith, and did not contain any terms that were contrary to public policy. The approval of the agreement ensures that the terms and conditions of employment for the employees of Kerry Ingredients Australia Pty Limited are fair and reasonable, and it provides a framework for the resolution of any disputes that may arise between the parties during the term of the agreement.

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