Kq Employment Pty Ltd T/A Darrell Lea Confectionery Co. Pty Ltd

[2024] FWCA 2936

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kq Employment Pty Ltd T/A Darrell Lea Confectionery Co. Pty Ltd

(AG2024/2695)

DARRELL LEA CONFECTIONERY CO. ENTERPRISE AGREEMENT 2024-2027

Food, beverages and tobacco manufacturing industry
COMMISSIONER P RYAN	SYDNEY, 9 AUGUST 2024

Application for approval of the Darrell Lea Confectionery Co. Enterprise Agreement, 2024 - 2027

KQ Employment Pty Ltd (Applicant) has made an application for approval of an enterprise agreement known as the Darrell Lea Confectionery Co. Enterprise Agreement, 2024 – 2027 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Single Interest Employers

The Agreement is expressed to cover two related employers, namely the Applicant and Darrell Lea Maintenance Pty Ltd (Employers). I am satisfied on the materials provided that the Employers are single interest employers pursuant to s.172(5A)(b) of the FW Act.

Section 190 Undertakings

The Employers 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.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declarations, the Employers’ responses to issues identified, and the Statement of Principles.[1]

Delegates’ rights term

Pursuant to s.205A(2) of the FW Act, clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

Section 183

The Australian Manufacturing Workers Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 16 August 2024. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Darrell Lea Confectionery Co. Enterprise Agreement, 2024-2027. The applicant, Kq Employment Pty Ltd trading as Darrell Lea Confectionery Co. Pty Ltd, sought approval of the proposed agreement which aimed to regulate the employment conditions of its employees. The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009, specifically in terms of the process followed to negotiate and finalise the agreement.

The primary legal issue the Commission had to address was whether the enterprise agreement had been fairly and appropriately negotiated and concluded. This involved an examination of whether the agreement satisfied the good faith bargaining requirement, whether the agreement was made in accordance with the relevant provisions of the Fair Work Act, and whether the agreement met the standards of the Fair Work (Registered Organisations) Act 2009. The Commission also needed to consider if the agreement contained all the prescribed minimum terms and conditions and if it had been certified as a single, indivisible agreement.

In determining the application, the Commission reviewed the evidence presented regarding the negotiation process and the content of the agreement. It found that the agreement was the product of genuine and good faith bargaining efforts. The evidence demonstrated that both parties had engaged in meaningful discussions and that the agreement reflected the terms and conditions negotiated between them. The Commission was satisfied that the agreement was made in accordance with the relevant legislative provisions and that it contained all the required minimum terms and conditions. Consequently, the Commission approved the agreement, finding it to be fair and appropriate for the purposes of the Act.

As a result of the Commission's decision, the Darrell Lea Confectionery Co. Enterprise Agreement, 2024-2027, was approved and registered. This approval means that the agreement will now form the basis of employment conditions for the employees covered by it, setting out the terms and conditions of their employment for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established