Kookaburra Sport Pty Ltd T/A Kookaburra Sport

[2021] FWCA 6870

[2021] FWCA 6870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kookaburra Sport Pty Ltd T/A Kookaburra Sport
(AG2021/8419)

KOOKABURRA SPORT PTY LTD ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 26 NOVEMBER 2021

Application for approval of the Kookaburra Sport Pty Ltd Enterprise Agreement 2022.

[1] Kookaburra Sport Pty Ltd T/A Kookaburra Sport (the Applicant) has made an application for approval of an enterprise agreement known as the Kookaburra Sport Pty Ltd Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 24 November 2021.

[3] On 24 November 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

•  Chambers sought lodgement of voting details and materials provided to employees absent from the workplace at the time the NERR was provided to ensure that agreement pre-approval requirements have been satisfied.

•  Clarification was requested regarding trainees and apprentices to ensure all employees to be covered by the Agreement will be better off overall.

[4] The United Workers’ 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) of the Act I note that the Agreement covers this organisation.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 26 November 2024.

COMMISSIONER

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