Kilcoy Pastoral Company Limited Summary

[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

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The matter before the court was an application by the Kilcoy Pastoral Company Limited for approval of an enterprise agreement. This application was brought in the Fair Work Commission, which has the jurisdiction to approve such agreements under the Fair Work Act 2009 (Cth). The company sought approval for the Kilcoy Pastoral Company Limited Processing Enterprise Agreement 2022, which it had negotiated with the pastoral workers' union. The agreement sought to regulate the terms and conditions of employment for pastoral workers, including matters such as wages, hours of work, leave, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the agreement complied with the formal requirements of the Fair Work Act and whether it was a genuine enterprise agreement that had been fairly negotiated. The Commission considered whether the agreement was made in good faith, whether it was free from coercion or undue influence, and whether it provided for the proper protection of employees’ interests. Additionally, the Commission examined whether the agreement was sufficiently clear and accessible to the employees it covered.

After thorough examination, the Commission determined that the agreement was a genuine enterprise agreement, negotiated in good faith, and free from any form of coercion or undue influence. It found that the agreement provided for the proper protection of employees’ interests and was sufficiently clear and accessible. The Commission noted that the agreement contained provisions that were beneficial to the employees, including reasonable wage increases, improved leave entitlements, and effective dispute resolution mechanisms. Given these findings, the Commission approved the agreement under the Fair Work Act, allowing it to take effect as a legally binding contract between the company and the pastoral workers.

The final orders of the Commission were that the Kilcoy Pastoral Company Limited Processing Enterprise Agreement 2022 be approved and registered under the Fair Work Act, effective from the date of the Commission's decision. The agreement was to be treated as a certified agreement, binding both the company and the employees it covered. This approval ensures that the terms and conditions outlined in the agreement would govern the employment relationship between the parties, providing a stable and predictable framework for their ongoing interaction.

Kilcoy Pastoral Company Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established