Kq Employment Pty Ltd T/A Darrell Lea Confectionery Co. Pty Ltd
[2024] FWCA 2936
•9 AUGUST 2024
| [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.
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