Kookaburra Sport Pty Ltd T/A Kookaburra Sport

[2024] FWCA 4284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Kookaburra Sport Pty Ltd T/A Kookaburra Sport

(AG2024/4440)

KOOKABURRA SPORT PTY LTD ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER REDFORD	MELBOURNE, 4 DECEMBER 2024

Application for approval of the Kookaburra Sport Pty Ltd Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Kookaburra Sport Pty Ltd Enterprise Agreement 2025 (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 (Kookaburra). The Agreement is a single enterprise agreement.

Procedural matters

In response to a query from my chambers, Kookaburra confirmed that the employee vote in relation to the Agreement was conducted on 31 October 2024 in person at the workplace, via a secret ballot process, and the identity of the employees were not disclosed. However, a small number of employees who were not present were afforded the opportunity to vote by email, and did so, which likely meant their vote was ascertainable by Kookaburra (taking into account item 15(a) of the Statement of Principles on Genuine Agreement). I am however satisfied that the Agreement was genuinely agreed to by employees. To the extent that the small number of employees who voted by email in this way was an “error” I am satisfied employees were not disadvantaged by it, and disregard it pursuant to s 188(5)(c) of the Act.

Undertakings

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. The undertakings are taken to be a term of the agreement.

Approval

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 is approved and, in accordance with s.54 of the Act, will operate 7 days from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Kookaburra Sport Pty Ltd, trading as Kookaburra Sport, applied to the Fair Work Commission for approval of its Enterprise Agreement 2025. The agreement was intended to govern the terms and conditions of employment for its employees. The primary dispute revolved around the fairness and compliance of the proposed agreement with the relevant industrial laws and principles. The Fair Work Commission was the court responsible for hearing and deciding the application.

The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009, particularly in relation to the minimum entitlements and the procedural fairness in its negotiation. The Commission also had to consider whether the agreement provided for the appropriate balance of rights and obligations between the employer and employees, ensuring it was not contrary to public policy.

In evaluating the application, the Commission examined the bargaining process, the content of the agreement, and its alignment with the statutory requirements. The Commission found that the agreement was fair and complied with the law, noting the transparency in the negotiation process and the adequacy of the terms provided. Consequently, the Fair Work Commission approved the Enterprise Agreement 2025, recognising its fairness and compliance with industrial regulations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established