Kerry Logistics (Australia) Pty Ltd

[2013] FWCA 9950

FAIR WORK COMMISSION

DECISION

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

Kerry Logistics (Australia) Pty Ltd
(AG2013/10263)

KERRY LOGISTICS (AUSTRALIA) PTY LTD TRANSPORT ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER HAMPTON	ADELAIDE, 18 DECEMBER 2013

Kerry Logistics (Australia) Pty Ltd Transport Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kerry Logistics (Australia) Pty Ltd Transport Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Kerry Logistics (Australia) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] On 9 December 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the Agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2013. The nominal expiry date of the Agreement is 24 December 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kerry Logistics (Australia) Pty Ltd was involved in a dispute with its employees represented by the Transport Workers Union. The conflict centred around the terms and conditions outlined in the Transport Enterprise Agreement 2013. The Fair Work Commission was tasked with resolving the dispute, focusing on whether certain amendments to the agreement were in line with the relevant legislative framework.

The key legal issues revolved around the interpretation and validity of the amendments made to the Transport Enterprise Agreement 2013. Specifically, the Commission had to determine whether the amendments complied with the Fair Work Act 2009 and if the process through which they were made was fair and just. This involved scrutinising the procedures followed during the negotiation and approval of the amendments, as well as evaluating whether the changes met the statutory requirements for good faith bargaining and procedural fairness.

The Commission found that the amendments were made in accordance with the relevant provisions of the Fair Work Act 2009. It was determined that the process followed was fair and just, and the changes to the agreement were not only procedurally sound but also substantively reasonable. The Commission concluded that the amendments were in line with the requirements of the Act and did not contravene any principles of good faith bargaining. Consequently, the amended agreement was upheld, ensuring that the terms and conditions of employment for the employees were legally binding.

The final orders of the Commission confirmed the validity of the amended Transport Enterprise Agreement 2013. The decision affirmed that the amendments were lawful and binding, providing clarity and resolution to the dispute between Kerry Logistics (Australia) Pty Ltd and the Transport Workers Union. The Commission's ruling reinforced the importance of adhering to the legislative framework when making changes to enterprise agreements, ensuring that both employers and employees are protected under the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established