Kilcoy Pastoral Company Limited

[2023] FWCA 374

[2023] FWCA 374

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kilcoy Pastoral Company Limited

(AG2022/5225)

KILCOY PASTORAL COMPANY LIMITED PROCESSING ENTERPRISE AGREEMENT 2022

Meat Industry
COMMISSIONER HUNT	BRISBANE, 7 FEBRUARY 2023

Application for approval of the Kilcoy Pastoral Company Limited Processing Enterprise Agreement 2022

1. Kilcoy Pastoral Company Limited (the Employer) has applied for approval of an enterprise agreement known as the Kilcoy Pastoral Company Limited Processing Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

1. The Australasian Meat Industry Employees Union (AMIEU) raised certain concerns regarding the Agreement with the Fair Work Commission (the Commission) and Employer. A conference was ultimately held by me to discuss the AMIEU’s concerns and following the conference, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A.  Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

1. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.  Pursuant to s.190 of the Act, I accept the undertakings.  In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.  The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Australasian Meat Industry Employees Union (AMIEU) 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 the AMIEU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2023.  The nominal expiry date of the Agreement is 7 February 2027.

COMMISSIONER

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Annexure A – Undertakings