DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kyvalley Dairy Group Pty Ltd
(AG2017/796)

KYVALLEY DAIRY GROUP PTY LTD (PRODUCTION AND RELATED EMPLOYEES) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 10 APRIL 2017

Application for approval of the Kyvalley Dairy Group Pty Ltd (Production and Related Employees) & National Union of Workers Enterprise Agreement 2016.

[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 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kyvalley Diary Group Pty Ltd. 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.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 17 April 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kyvalley Dairy Group Pty Ltd, sought approval of the 2016 enterprise agreement under the Fair Work Act 2009. The respondents, including the National Union of Workers, opposed the application, citing issues with the agreement's provisions. The matter was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act. This included assessing whether the agreement provided for a fair and efficient workplace, and if it contained provisions that were contrary to the principles of the Act. Additionally, the Commission had to consider if the agreement had been fairly and genuinely negotiated and if it provided for the resolution of disputes in a fair and efficient manner.

The Commission determined that the agreement met the statutory requirements for approval. The Commission found that the provisions of the agreement were not contrary to the principles of the Fair Work Act and that it had been fairly and genuinely negotiated. The Commission also concluded that the agreement provided for the resolution of disputes in a fair and efficient manner. Consequently, the application for approval was successful, and the enterprise agreement was registered.

The Fair Work Commission approved the enterprise agreement and ordered its registration. The respondents' objections were dismissed, and the agreement was to be in effect as per its terms, subject to the statutory requirements and protections provided under the Fair Work Act.

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