DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kyvalley Dairy Group Pty Ltd
(AG2018/5585)

KYVALLEY DAIRY GROUP PTY LTD (PRODUCTION AND RELATED EMPLOYEES) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 29 MARCH 2019

Application for approval of the KYVALLEY Dairy Group Pty Ltd (Production and Related Employees) & National Union of Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the KYVALLEY Dairy Group Pty Ltd (Production and Related Employees) & 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 Kyvalley Dairy Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the KYVALLEY Dairy Group Pty Ltd (Production and Related Employees) & National Union of Workers Enterprise Agreement 2018. The applicant, the National Union of Workers, sought approval for the enterprise agreement, which had been negotiated between the union and the employer, Kyvalley Dairy Group Pty Ltd. The agreement sought to regulate the terms and conditions of employment for production and related employees within the company. The union argued that the agreement fairly represented the employees and contained provisions that were in their best interests.

The legal issues before the Commission centred on whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained all the mandatory terms prescribed by the Act, if it had been genuinely negotiated, and if it was fair and reasonable in the context of the employees' needs and the employer's business. Additionally, the Commission had to consider whether the agreement provided for proper consultation and notification processes in line with the statutory requirements.

The Commission found that the enterprise agreement contained all the mandatory terms required by the Act and that it had been genuinely negotiated between the parties. The agreement was deemed to be fair and reasonable, taking into account the specific circumstances of the employees and the employer's business. Furthermore, the Commission was satisfied that the agreement provided for adequate consultation and notification processes, in compliance with the statutory obligations. Based on these findings, the Commission approved the enterprise agreement, recognising it as a valid and binding instrument for regulating the employment relationship between the parties.

The Fair Work Commission approved the KYVALLEY Dairy Group Pty Ltd (Production and Related Employees) & National Union of Workers Enterprise Agreement 2018. This decision sets the terms and conditions of employment for the relevant employees and provides a framework for industrial relations within the company. The approval of the agreement signifies that it is now a legally binding instrument, and both the employer and the employees are expected to abide by its provisions.

Kyvalley Dairy Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established