DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kool Country Packers Ballandean Pty Ltd T/A Kool Country Packers
(AG2018/5235)

KOOL COUNTRY PACKERS BALLANDEAN PTY LTD ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Kool Country Packers Ballandean Pty Ltd Enterprise Agreement 2018.

[1] Further to my Decision in Ceres Farm Enterprise Agreement 2018 & Ors 1, thisdecision deals with the application for approval of an enterprise agreement known as the Kool Country Packers Ballandean Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kool Country Packers Ballandean Pty Ltd T/A Kool Country Packers. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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.

[3] For the reasons set out in my earlier Decision and 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 7 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2019] FWC 1016

CaseChat Overview and Summary

Kool Country Packers Ballandean Pty Ltd T/A Kool Country Packers applied for the approval of the Enterprise Agreement 2018. The Fair Work Commission was the body before which the application was made. The nature of the dispute pertained to the proposed terms and conditions of employment within the enterprise agreement, and the potential implications for the employees and the employer.

The legal issues that the commission was required to decide centred on whether the proposed agreement complied with the relevant statutory provisions, particularly under the Fair Work Act 2009. This involved examining if the agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, leave entitlements, and other conditions as may be prescribed by the regulations. Furthermore, the commission had to assess whether the agreement facilitated a productive workplace relationship between the employer and employees, and if it was in the best interest of the employees.

The Fair Work Commission determined that the proposed Enterprise Agreement 2018 did indeed meet the legal requirements and was in the best interests of the employees. The commission found that the agreement provided for fair and reasonable terms and conditions of employment, and facilitated a productive workplace relationship. The commission took into account the submissions made by the parties, as well as the overall fairness and reasonableness of the proposed agreement. Consequently, the commission approved the Enterprise Agreement 2018.

No additional orders were made beyond the approval of the Enterprise Agreement 2018. The agreement shall now be binding on the employer and the employees as per the provisions of the Fair Work Act 2009.

Kool Country Packers Ballandean Pty Ltd T/A Kool Country Packers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established