Kerry Ingredients Australia Pty Ltd

[2013] FWCA 9481

FAIR WORK COMMISSION

DECISION

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

Kerry Ingredients Australia Pty Ltd
(AG2013/9601)

THE SUGAR & SPICE ENTERPRISE AGREEMENT 2013-2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 4 DECEMBER 2013

Application for approval of the Sugar & Spice Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Sugar & Spice Enterprise Agreement 2013-2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kerry Ingredients Australia Pty Ltd. 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 Ltd. 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] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2013. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kerry Ingredients Australia Pty Ltd applied to the Fair Work Commission for approval of the Sugar & Spice Enterprise Agreement 2013-2015. The applicant argued that the agreement, which had been entered into with the relevant union, was in the best interests of the employees and the business. The union contended that the agreement provided for fair and reasonable terms, while the applicant sought to address certain provisions that they believed were overly restrictive.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for terms and conditions that were fair and reasonable, taking into account the principles of the safety net and the overall interests of the employees. Additionally, the Commission had to determine if the agreement was consistent with the relevant provisions of the Act, particularly those concerning procedural fairness and the interests of the employees.

The Fair Work Commission found that the agreement was, in the main, fair and reasonable. The Commission noted the efforts made by the parties to reach a consensus on the terms and conditions of employment. However, certain provisions were identified as being overly restrictive, which could potentially limit the flexibility of the workforce. After considering the evidence and submissions from both parties, the Commission made several modifications to the agreement to ensure it complied with the statutory requirements. These modifications aimed to strike a balance between the interests of the employer and the employees.

The final order of the Fair Work Commission was that the Sugar & Spice Enterprise Agreement 2013-2015, as modified, was approved and registered. The modifications included changes to specific clauses to ensure they aligned with the principles of the safety net and were fair and reasonable. This decision ensured that the agreement was consistent with the requirements of the Fair Work Act 2009 and would provide for the best interests of both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established