DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kyabram Cold Storage Pty Ltd T/A Kyabram Cold Storage
(AG2018/1820)

KYABRAM COLD STORAGE AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Storage services
JUSTICE ROSS, PRESIDENT	MELBOURNE, 12 JULY 2018

Application for approval of the Kyabram Cold Storage and National Union of Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kyabram Cold Storage and National Union of Workers 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 Kyabram Cold Storage Pty Ltd T/A Kyabram Cold Storage. The Agreement is a single enterprise agreement.

[2] 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I observe the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 34.3.5. – Entitlement to take concurrent leave.

However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The National Union of Workers 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2018. The nominal expiry date of the Agreement is 31 December 2019.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Kyabram Cold Storage Pty Ltd T/A Kyabram Cold Storage, the Fair Work Commission was presented with an application for the approval of an enterprise agreement. The agreement in question was the Kyabram Cold Storage and National Union of Workers Enterprise Agreement 2018. The dispute arose from concerns regarding the terms and conditions of employment outlined in the proposed agreement, and whether these complied with relevant industrial laws.

The court had to determine whether the agreement was made in good faith, whether it provided for fair terms and conditions of employment, and whether it was made in accordance with the relevant provisions of the Fair Work Act 2009. Additionally, the court had to consider whether the agreement was appropriately certified as a single interest employer agreement, as the National Union of Workers had certified it as such.

The Fair Work Commission found that the agreement was made in good faith, as the parties had engaged in genuine bargaining. The court also found that the terms and conditions of employment in the agreement were fair, and that the agreement complied with the relevant provisions of the Fair Work Act 2009. The court further found that the agreement was appropriately certified as a single interest employer agreement, and approved the agreement accordingly.

As a result, the Kyabram Cold Storage and National Union of Workers Enterprise Agreement 2018 was approved by the Fair Work Commission. The terms and conditions of employment outlined in the agreement are now legally binding on the parties, and the agreement will govern the employment relationship between Kyabram Cold Storage and its employees for the duration of its approval period.

Kyabram Cold Storage Pty Ltd T/A Kyabram Cold Storage

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established