Kyvalley Dairy Group Pty Ltd Summary

[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

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.

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Kyvalley Dairy Group Pty Ltd and its employees, represented by the United Workers Union. The dispute centred around the approval of a proposed enterprise agreement for the year 2021. The commission was tasked with assessing whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues that the commission had to decide included whether the agreement provided for a fair and efficient workplace, if it met the 'better off overall test' for employees, and whether it complied with the relevant provisions of the Fair Work Act. Additionally, the commission had to ensure that the agreement adhered to the procedural fairness principles, such as providing adequate notice and opportunity for employees to review and discuss the agreement.

In its decision, the commission found that the proposed agreement was fair and efficient, and it met the 'better off overall test'. The commission noted that the agreement contained provisions that ensured employees were adequately compensated for their work, provided for appropriate conditions of employment, and included mechanisms for dispute resolution. The commission also confirmed that the necessary procedural fairness requirements had been met. Consequently, the commission approved the Kyvalley Dairy Group Pty Ltd (Production and Related Employees) & United Workers Union Enterprise Agreement 2021.

The final orders of the commission were that the proposed enterprise agreement be approved as of 1 January 2021, subject to the terms and conditions outlined in the agreement. The commission also ordered that the agreement be registered with the Fair Work Commission and that it would be binding on the parties for the duration of its term.

Kyvalley Dairy Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established