Knox International Trading Co Pty. Limited T/A Knox International Trading Co.

[2014] FWCA 4153

[2014] FWCA 4153

The attached document replaces the document previously issued with the above code on 24 June 2014.

The title of the Award in paragraph [1] has been corrected to include 2014.

Associate to Commissioner Lewin

Dated 10 July 2014

[2014] FWCA 4153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Knox International Trading Co Pty. Limited T/A Knox International Trading Co.
(AG2014/934)

KNOX INTERNATIONAL TRADING COMPANY PTY LTD ENTERPRISE AGREEMENT 2014

Wool storage, sampling and testing industry
COMMISSIONER LEWIN	MELBOURNE, 24 JUNE 2014

Application for approval of the Knox International Trading Company Pty Ltd Enterprise Agreement 2014.

[1] An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of an Enterprise Agreement known as the Knox International Trading Company Pty Ltd Enterprise Agreement 2014 (the Agreement). It has been made by Knox International Trading Company Pty Ltd T/A Knox International Trading Co. (Knox). The Agreement is a single Enterprise Agreement.

[2] The application for approval of this Agreement was filed by Ms Zoe Stock, General Manager at Knox, on 22 April 2014. There are no bargaining representatives to the Agreement.

[3] On reading the Agreement, I became concerned that the Agreement may not meet the Better Off Overall Test (BOOT) prescribed by s.193 of the Fair Work Act 2009 (the Act). Accordingly, I submitted the Agreement for analysis by the Enterprise Agreement Unit at the Fair Work Commission and a report was produced. A copy of that report was provided to the Applicant.

[4] In response the Applicant proposed written undertakings in order to ensure that the Agreement may be approved pursuant to s190 (2) of the Act. A copy of the Undertakings is attached in Appendix A. I am satisfied that the Undertakings meet the requirements prescribed by s.190 (3) of the Act and that the Agreement, together with the Undertakings, will result in each employee whose employment is covered by the Agreement to be better off overall than if the employed under the Award as prescribed by s.193 of the Act.

[5] The matter was listed for e-hearing on Friday, 20 June 2014. In the absence of any person indicating they wished to be heard, the application for approval of the Agreement was determined on the papers in accordance with the requirements of the Act and on the basis of the materials lodged with the Commission in this matter.

[6] Subject to the Undertakings referred to above, 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.

[7] The Agreement together with the Undertakings is approved and in accordance with s.54 of the Act will operate seven days from the day it is approved by the Fair Work Commission. The nominal expiry date of the Agreement is one year from the date of approval.

COMMISSIONER

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<Price code A, AE408721  PR552321>

Appendix A