Kyvalley Dairy Group Pty Ltd

[2022] FWCA 1176

[2022] FWCA 1176

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kyvalley Dairy Group Pty Ltd

(AG2022/784)

Kyvalley Dairy Group Pty Ltd (Production and Related Employees) & United Workers Union Enterprise Agreement 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 APRIL 2022

Application for the approval of Kyvalley Dairy Group Pty Ltd (Production and Related Employees) & United Workers Union Enterprise Agreement 2021

1. Kyvalley Dairy Group Pty Ltd has made an application for approval of an enterprise agreement known as the Kyvalley Dairy Group Pty Ltd (Production and Related Employees) & United Workers Union Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

1. The United Workers Union (UWU), 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) and based on its declaration, I note that the Agreement covers the UWU.

1. The Agreement was approved on 4 April 2022 and, in accordance with s 54, will operate from 11 April 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

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Annexure A