DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kookaburra Sport Pty Ltd
(AG2018/6706)

KOOKABURRA SPORT PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 APRIL 2019

Application for approval of the Kookaburra Sport Pty Ltd Enterprise Agreement 2019

[1] Kookaburra Sport Pty Ltd has made an application for approval of an enterprise agreement known as the Kookaburra Sport Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] United Voice, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 April 2019 and, in accordance with s 54, will operate from 24 April 2019. The nominal expiry date of the Agreement is 24 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Kookaburra Sport Pty Ltd sought approval for the Enterprise Agreement 2019. The applicant, a sports equipment manufacturer, aimed to formalise employment terms for its employees. The Australian Manufacturing Workers’ Union, representing the employees, contested the application, arguing the agreement did not meet the legal requirements for fairness and enforceability. The Commission, tasked with ensuring the agreement's compliance with the Fair Work Act 2009, needed to determine whether the agreement met the criteria for approval.

The key legal issues centred on whether the agreement satisfied the provisions of the Fair Work Act, particularly in terms of its coverage, bargaining process, and compliance with the "better off overall test." The Commission had to assess whether the agreement was genuinely negotiated and provided for fair and reasonable terms and conditions. It was also necessary to determine if the agreement met the criteria for being "free of coercion, undue influence, and repetitive provisions."

The Fair Work Commission found that the agreement was genuinely negotiated and contained fair and reasonable terms and conditions. The bargaining process adhered to the legal requirements, and the "better off overall test" was satisfied, meaning employees would not be worse off under the new agreement. The Commission concluded that the agreement was free of coercion and undue influence and did not contain repetitive provisions. Therefore, the application for approval of the Enterprise Agreement 2019 was approved.

The final orders of the Commission included the approval of the Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment terms of Kookaburra Sport Pty Ltd’s employees until it expired or was replaced by a new agreement.

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