Kilcarney Pty Ltd

[2013] FWCA 8845

[2013] FWCA 8845

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kilcarney Pty Ltd
(AG2013/9747)

KILCARNEY PTY LTD (PRODUCTION AND RELATED EMPLOYEES) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 11 NOVEMBER 2013

Application for approval of the Kilcarney Pty Ltd (Production and Related Employees) & National Union of Workers Enterprise Agreement 2013.

[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 2013 (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] 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 Kilcarney Pty Ltd. In accordance with s.191(1) of the Act the undertaking are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[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. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2013. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

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