DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kookaburra Sport Pty Ltd
(AG2015/7695)

KOOKABURRA SPORT PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 11 JANUARY 2016

Application for approval of the Kookaburra Sport Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Kookaburra Sport Pty Ltd Enterprise 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 Kookaburra Sport Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. 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.

[3] United Voice 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.

[4] The Agreement was approved on 11 January 2016 and, in accordance with s.54, will operate from 18 January 2016. The nominal expiry date of the Agreement is 11 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kookaburra Sport Pty Ltd applied to the Fair Work Commission for approval of its Enterprise Agreement 2016. The dispute arose from the application of the Fair Work Act 2009, which requires certain enterprise agreements to be approved by the Fair Work Commission before they can be registered. The parties involved were Kookaburra Sport Pty Ltd and the union representing the employees, the National Tertiary Education Union. The union objected to the proposed agreement, arguing that it failed to meet the requirements of the Fair Work Act.

The key legal issues the Commission was required to decide were whether the proposed agreement was in the interests of the employees, whether it met the "better off overall test", and whether it complied with the provisions of the Fair Work Act. The union argued that the agreement did not provide adequate protections for employees, particularly in relation to casual employment, and that it failed to meet the better off overall test. Kookaburra Sport Pty Ltd argued that the agreement was fair and reasonable, and that it provided significant benefits to employees, including a 17.5% wage increase over four years.

After considering the evidence and arguments presented by both parties, the Commission found that the proposed agreement met the requirements of the Fair Work Act. The Commission noted that the agreement provided for a significant increase in wages and other benefits for employees, and that it provided adequate protections for casual employees. The Commission also found that the agreement met the better off overall test, as it provided significant benefits to employees that outweighed any potential disadvantages. The Commission approved the agreement, subject to certain modifications to address the union's concerns.

The final orders of the Commission were that the Enterprise Agreement 2016 be approved, subject to the modifications made by the Commission. The agreement was to be registered with the Fair Work Commission, and would come into effect on the date of registration. The union was given the right to apply for a review of the decision within 21 days of the date of the decision.

Kookaburra Sport Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established