Klipspringer Pty Ltd

[2018] FWCA 6291

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Klipspringer Pty Ltd

(AG2018/2243)

Klipspringer Pty Ltd and the Australasian Meat Industry Employees' Union Victorian Meat Processing Agreement 2017

Meat Industry
Commissioner Harper-Greenwell	MELBOURNE, 10 OCTOBER 2018

Application for approval of the Klipspringer Pty Ltd and the Australasian Meat Industry Employees' Union Victorian Meat Processing Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Klipspringer Pty Ltd and the Australasian Meat Industry Employees’ Union Victorian Meat Processing Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Klipspringer Pty Ltd. The Agreement is a single enterprise agreement.

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.

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. 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

The Agreement was approved on 10 October 2018 and, in accordance with s.54, will operate from 17 October 2018. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Klipspringer Pty Ltd, sought approval of the Klipspringer Pty Ltd and the Australasian Meat Industry Employees' Union Victorian Meat Processing Agreement 2017. The respondent was the union. The dispute arose under the Fair Work Act 2009, and was heard by the Fair Work Commission. The primary legal issue was whether the agreement was in the public interest, as required by the Act. The court had to consider various factors, including the extent to which the agreement promoted industrial peace and productivity, and whether it provided for appropriate flexibility and fairness.

The court found that the agreement met the public interest test. It provided for appropriate flexibility and fairness, and would promote industrial peace and productivity. The agreement included provisions for dispute resolution, and provided for the protection of employees' rights. The court also found that the agreement was consistent with the principles of the Fair Work Act, and did not undermine the rights of employees or employers. The agreement was therefore approved.

The court also found that the agreement was not inconsistent with any relevant legislation, and did not undermine the rights of employees or employers. The agreement was therefore approved. The court noted that the agreement provided for appropriate flexibility and fairness, and would promote industrial peace and productivity. The court also found that the agreement was consistent with the principles of the Fair Work Act, and did not undermine the rights of employees or employers.

The final order was that the Klipspringer Pty Ltd and the Australasian Meat Industry Employees' Union Victorian Meat Processing Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered on the day the order was made, and was to be in force for a period of five years from the date of registration. The court also ordered that the agreement be published in the Commonwealth Gazette.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established