DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kilcoy Pastoral Company Limited
(AG2019/5180)

KILCOY PASTORAL COMPANY LIMITED ENGINEERING ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 FEBRUARY 2020

Application for approval of the Kilcoy Pastoral Company Limited Engineering Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Kilcoy Pastoral Company Limited Engineering Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kilcoy Pastoral Company Limited. The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen

[4] 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 Agreement was approved on 11 February 2020 and, in accordance with s.54, will operate from 18 February 2020. The nominal expiry date of the Agreement is 11 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kilcoy Pastoral Company Limited, a pastoral company engaged in the cattle industry, brought an application before the Fair Work Commission seeking approval of an enterprise agreement. The proposed agreement, known as the Kilcoy Pastoral Company Limited Engineering Enterprise Agreement 2019, was designed to regulate the terms and conditions of employment for the company's engineering employees. The application arose following the conclusion of negotiations between the company and the engineering employees represented by a trade union. The union contested the application, raising concerns about certain provisions of the agreement, particularly those relating to wages, hours of work, and other employment terms.

The legal issues before the Fair Work Commission centred on whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for a fair and efficient system for resolving workplace disputes, whether it contained provisions that were contrary to public policy, and whether it was genuinely agreed upon by the parties involved. The Commission also considered the potential impact of the agreement on the employees' terms and conditions of employment.

In its decision, the Fair Work Commission held that the Kilcoy Pastoral Company Limited Engineering Enterprise Agreement 2019 met the necessary statutory requirements for approval. The Commission found that the agreement provided for a fair and efficient system for resolving workplace disputes and that it did not contain any provisions that were contrary to public policy. The Commission also concluded that the agreement had been genuinely negotiated and agreed upon by the parties. The Commission further found that the agreement would not have an adverse effect on the employees' terms and conditions of employment. Consequently, the Fair Work Commission approved the proposed agreement.

The Fair Work Commission ordered that the Kilcoy Pastoral Company Limited Engineering Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to apply to the engineering employees of the company, and it would remain in force until superseded by a new agreement or until terminated in accordance with the provisions of the Fair Work Act. The decision provided certainty for both the company and its engineering employees regarding their employment terms and conditions.

Kilcoy Pastoral Company Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established