DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kincrome Australia Pty Ltd T/A Kincrome Tools & Equipment
(AG2021/6369)

THE KINCROME AUSTRALIA DISTRIBUTION CENTRE AGREEMENT, 2021

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 5 AUGUST 2021

Application for approval of The Kincrome Australia Distribution Centre Agreement, 2021.

[1] Kincrome Australia Pty Ltd t/a Kincrome Tools & Equipment has applied for approval of a single enterprise agreement known as The Kincrome Australia Distribution Centre Agreement, 2021 (the Agreement).

[2] 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.

[3] The Agreement is approved and will operate from 12 August 2021. The nominal expiry date of the Agreement is 1 July 2024.

[4] The Agreement covers the Shop, Distributive and Allied Employees Association.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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, 2021. The application arose from negotiations between Kincrome and its employees, represented by the Transport Workers Union of Australia. The dispute centred on the terms of the proposed enterprise agreement, particularly those related to employee conditions and the operation of the distribution centre. The matter was heard by the Fair Work Commission, which is tasked with approving enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement complied with the legislative requirements, particularly in relation to provisions concerning employee hours, classification, and the operation of the distribution centre. The Commission also needed to determine if the agreement provided for minimum entitlements and did not disadvantage employees. Additionally, the Commission considered whether the agreement had been made in good faith and whether the necessary consultation had occurred.

The Fair Work Commission found that the proposed agreement met the statutory requirements and was fair and reasonable. The Commission noted that the agreement provided for appropriate minimum entitlements and did not disadvantage employees. It was satisfied that the agreement had been made in good faith and that the necessary consultation had taken place. The Commission approved the agreement, allowing it to be registered and in force.

The Fair Work Commission approved The Kincrome Australia Distribution Centre Agreement, 2021, finding it to be compliant with the Fair Work Act 2009 and fair and reasonable. The agreement was registered and came into effect, governing the terms and conditions of employment for the employees of Kincrome Australia Pty Ltd.

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