Kilcarney Pty Ltd

[2014] FWCA 8975

[2014] FWCA 8975

FAIR WORK COMMISSION

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.

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