DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kincrome Australia Pty Ltd T/A Kincrome Tools & Equipment
(AG2018/3131)

KINCROME AUSTRALIA DISTRIBUTION CENTRE AGREEMENT, 2018

Storage services
COMMISSIONER JOHNS	SYDNEY, 3 AUGUST 2018

Application for approval of the The Kincrome Australia Distribution Centre Agreement, 2018.

[1] An application has been made for approval of an enterprise agreement known as the The Kincrome Australia Distribution Centre Agreement, 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kincrome Australia Pty Ltd T/A Kincrome Tools & Equipment. 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2018. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kincrome Australia Pty Ltd, trading as Kincrome Tools & Equipment, applied to the Fair Work Commission for approval of the Kincrome Australia Distribution Centre Agreement, 2018. The applicant sought to have the agreement registered as a single-enterprise, single-employer, single-industry agreement under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers Union, which raised concerns about the terms of the agreement, particularly those related to pay and conditions for employees.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act, including whether it provided for fair and reasonable pay and conditions for employees, and whether it was made in good faith. The Commission considered the evidence and submissions from both parties, including expert evidence from an economist, and examined the terms of the agreement in light of relevant legislation and industrial instruments.

The Commission found that the agreement met the criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable pay and conditions for employees, and that it was made in good faith. The Commission also considered the potential impact of the agreement on the competitiveness of the business, and found that the agreement would not have an adverse effect on the applicant’s ability to compete. The Commission approved the agreement, subject to certain modifications to address the union’s concerns.

The Commission made orders approving the agreement as a single-enterprise, single-employer, single-industry agreement, subject to the modifications made by the Commission. The applicant was directed to give notice of the approval to all employees covered by the agreement, and to take all necessary steps to give effect to the agreement. The union was directed to give notice of the approval to its members covered by the agreement.

Kincrome Australia Pty Ltd T/A Kincrome Tools & Equipment

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established