DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kilcarney Pty Ltd
(AG2014/10058)

KILCARNEY PTY LTD (PRODUCTION AND RELATED EMPLOYEES) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 11 DECEMBER 2014

Application for approval of the Kilcarney Pty Ltd (Production and Related Employees) & National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kilcarney Pty Ltd (Production and Related Employees) & National Union of Workers Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kilcarney Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The application was lodged outside the 14 day time period specified in s.185(3)(a) of the Act. Having received correspondence from Kilcarney Pty Ltd outlining reasons for why the application was lodged late, I am satisfied, with regards to s.185(3)(b) of the Act, that in all the circumstances it is fair to extend the period for lodging the application to 26 November 2014. Of note, in that regard, was the employer’s advice that there has been no change to the number or composition of the employee group since the Agreement was approved by employees.

[3] The Agreement does not contain a flexibility clause. 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.

[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 the Agreement to cover it. 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 18 December 2014. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Kilcarney Pty Ltd, a beef processing company, sought approval of an enterprise agreement with its employees, represented by the National Union of Workers. The proposed agreement sought to modify various terms and conditions of employment for the workforce. The Commission was tasked with determining whether the agreement met the formal requirements for approval and whether it was in the best interests of the employees.

The primary legal issues before the Commission involved verifying that the agreement had been fairly negotiated and whether it adhered to the procedural requirements set forth in the Fair Work Act 2009. Additionally, the Commission examined whether the agreement provided for fair and reasonable terms and conditions of employment, ensuring it did not adversely affect the employees' overall rights and entitlements. The Commission also considered whether the agreement complied with the "better off overall test" which mandates that employees should not be worse off financially under the new agreement than they were under the previous terms.

The Fair Work Commission concluded that the enterprise agreement had been fairly negotiated and met all formal requirements for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment. It also found that the agreement was better off overall for the employees, as it provided them with improved wages and conditions. Consequently, the Commission approved the Kilcarney Pty Ltd (Production and Related Employees) & National Union of Workers Enterprise Agreement 2014.

Kilcarney Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established