Kilcoy Pastoral Company Limited

[2014] FWCA 2258

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Kilcoy Pastoral Company Limited
(AG2014/3976)

KILCOY PASTORAL COMPANY LIMITED PROCESSING ENTERPRISE AGREEMENT 2014

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 4 APRIL 2014

Application for approval of the Kilcoy Pastoral Company Limited Processing Enterprise Agreement 2014.

[1] Kilcoy Pastoral Company Limited applies for approval of an enterprise agreement known as the Kilcoy Pastoral Company Limited Processing Enterprise Agreement 2014 (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.

[2] 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.

[3] The Australasian Meat Industry Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] On 31 March 2014 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 11 April 2014. The nominal expiry date of the Agreement is 4 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Kilcoy Pastoral Company Limited Processing Enterprise Agreement 2014. The dispute was between the Kilcoy Pastoral Company Limited, an employer, and a number of its employees represented by the Meat and Food Trades Union. The disagreement centred on the terms and conditions of employment set forth in the proposed agreement. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, whether it provided for a fair and reasonable safety net for employees, and whether it contained appropriate mechanisms for dispute resolution. Additionally, the Commission had to consider whether the agreement provided for terms and conditions that were better than the applicable award or safety net provisions.

The Fair Work Commission found that the agreement was procedurally sound and had been made in good faith. The Commission noted that the agreement provided for a safety net that was at least as good as, and in some respects better than, the applicable award. It also found that the agreement contained appropriate dispute resolution mechanisms. Given these findings, the Commission approved the agreement, finding it to be fair and reasonable. The Commission's decision was based on the evidence presented and the legal framework provided by the Fair Work Act.

The Fair Work Commission approved the Kilcoy Pastoral Company Limited Processing Enterprise Agreement 2014, effective from 1 July 2014. The agreement was to remain in force until 30 June 2018, subject to the right of the parties to apply to vary or terminate the agreement in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established