DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kincrome Australia Pty Ltd T/A Kincrome Tools & Equipment
(AG2016/4107)

KINSCROME AUSTRALIA PTY LTD DISTRIBUTION CENTRE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the Kincrome Australia Distribution Centre Agreement, 2016.

[1] An application has been made for approval of an enterprise agreement known as the Kincrome Australia Distribution Centre Agreement, 2016 (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 Applicant 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 15 September 2016. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, Kincrome Australia Pty Ltd, trading as Kincrome Tools & Equipment, applied for approval of the Kincrome Australia Distribution Centre Agreement, 2016. The application involved a dispute concerning the terms of a workplace agreement between the employer and its employees. The crux of the matter was whether the proposed agreement met the necessary legal requirements for approval under the Fair Work Act 2009.

The primary legal issue the court had to address was whether the agreement provided for the employees' minimum entitlements as stipulated by the Act and whether it adhered to the procedural requirements for such agreements. Additionally, the court needed to determine if the agreement was made fairly and in good faith. The employer argued that the agreement was in the best interests of the employees and was not disadvantageous when compared to their previous conditions.

The court found that the proposed agreement did indeed provide for the employees' minimum entitlements and complied with the procedural requirements. The court was satisfied that the agreement was made fairly and in good faith, considering the negotiations and the context in which the agreement was entered. The court approved the application, allowing the agreement to proceed to the next steps in the process. The final orders included the approval of the Kincrome Australia Distribution Centre Agreement, 2016, and the setting of a date for the agreement to be registered with the Fair Work Commission.

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