DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Kerry Ingredients Australia Pty Limited
(AG2015/128)

KERRY INGREDIENTS AUSTRALIA PTY LIMITED AND NATIONAL UNION OF WORKERS (MURARRIE SITE) ENTERPRISE AGREEMENT 2015 - 2016

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 20 FEBRUARY 2015

Application for approval of the Kerry Ingredients Australia Pty Limited and National Union of Workers (Murarrie Site) Enterprise Agreement 2015 - 2016.

[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 2015 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 27 February 2015. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Kerry Ingredients Australia Pty Limited, the Fair Work Commission (FWC) was tasked with considering the application for the approval of the Kerry Ingredients Australia Pty Limited and National Union of Workers (Murarrie Site) Enterprise Agreement 2015-2016. The dispute centred around the negotiation and approval of a proposed enterprise agreement which aimed to establish terms and conditions of employment for the employees of Kerry Ingredients Australia Pty Limited at their Murarrie site. The National Union of Workers was the bargaining representative for the employees during these negotiations.

The legal issues before the FWC involved assessing whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly sections concerning the protection of employees' rights, the avoidance of unfair dismissal, and the provision of minimum terms and conditions. The FWC needed to determine if the agreement met the requirements for being deemed a "registered" agreement and if it appropriately balanced the interests of both the employer and the employees.

The FWC, after a thorough examination of the submissions from both parties, found that the enterprise agreement complied with the statutory obligations under the Fair Work Act. The Commission concluded that the agreement did not unfairly disadvantage any employees and provided a fair framework for employment conditions. Consequently, the FWC approved the enterprise agreement, thereby enabling it to be registered and enforceable under the Act. This decision was made with the understanding that the agreement would govern the employment terms for the specified period and parties involved.

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