DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kyabram Cold Storage Pty Ltd T/A Kyabram Cold Storage
(AG2020/653)

KYABRAM COLD STORAGE AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 27 MARCH 2020

Application for approval of the Kyabram Cold Storage and United Workers Union Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Kyabram Cold Storage and United Workers Union Enterprise Agreement 2020 (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 are relevant to this application for approval and have been met.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). 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.

[4] The United Workers Union 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 3 April 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Kyabram Cold Storage Pty Ltd T/A Kyabram Cold Storage was brought forward for the consideration of the approval of the Enterprise Agreement 2020. The applicant, Kyabram Cold Storage, sought the approval of the agreement which had been negotiated with the United Workers Union. The dispute centred on whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009.

The court was required to determine whether the Enterprise Agreement 2020 complied with the provisions of the Fair Work Act, particularly focusing on the obligations under sections 227 and 230. These sections require that agreements must be in writing, be free from prohibited content, and comply with the relevant minimum standards of the National Employment Standards and applicable awards. Additionally, the court needed to assess whether the agreement was genuinely negotiated and whether the process followed was fair and transparent.

Upon review, the Commission found that the Enterprise Agreement 2020 was in compliance with the statutory requirements. The agreement was properly negotiated between the employer and the union, and it was free from any prohibited content. The Commission also confirmed that the agreement met the minimum standards required by the Fair Work Act and applicable awards. Therefore, the court approved the application for the agreement's registration.

The final orders of the Commission were that the Enterprise Agreement 2020 be approved and registered under the Fair Work Act 2009, effective from the date of the decision.

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