DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kerry Ingredients Australia Pty Limited
(AG2015/510)

KERRY INGREDIENTS AUSTRALIA, WILLAWONG DISTRIBUTION SITE ENTERPRISE AGREEMENT 2015-2016

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 19 MARCH 2015

Application for approval of the Kerry Ingredients Australia, Willawong Distribution Site Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Kerry Ingredients Australia, Willawong Distribution Site Enterprise Agreement 2015-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Kerry Ingredients Australia Pty Limited. The agreement is a single-enterprise agreement.

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

[3] The National Union of Workers and the Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kerry Ingredients Australia Pty Limited applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The agreement, known as the Kerry Ingredients Australia, Willawong Distribution Site Enterprise Agreement 2015-2016, was the subject of this application. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly regarding its compliance with the procedural fairness requirements. The court had to determine if the agreement had been properly negotiated and if all procedural fairness requirements had been met during its negotiation.

The primary legal issue was whether the enterprise agreement was genuinely negotiated as required by the Fair Work Act 2009. The court had to examine the negotiation process to ensure that it adhered to the procedural fairness principles. This included assessing whether the parties had genuinely negotiated, whether the agreement was made in good faith, and whether the employer had provided all necessary information to the employees' representatives. Additionally, the court considered whether the agreement met the minimum standards prescribed by the Fair Work Act 2009, such as the provision of adequate pay and conditions for the employees.

The Fair Work Commission found that the agreement had been genuinely negotiated and that all procedural fairness requirements had been satisfied. The Commission was satisfied that the employer had provided all necessary information and that the employees' representatives had genuinely participated in the negotiation process. The Commission also found that the agreement met the minimum standards prescribed by the Fair Work Act 2009. Consequently, the Commission approved the Kerry Ingredients Australia, Willawong Distribution Site Enterprise Agreement 2015-2016, finding it to be in compliance with the relevant legislation.

In light of the above findings, the Fair Work Commission approved the Kerry Ingredients Australia, Willawong Distribution Site Enterprise Agreement 2015-2016. This approval ensures that the agreement will be legally binding on the parties and will govern the employment conditions of the employees during the specified period.

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