Kyvalley Dairy Group T/A Kyvalley Dairy Group Pty Ltd

Case •

[2024] FWCA 4359

•

13 DECEMBER 2024
[2024] FWCA 4359

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Kyvalley Dairy Group T/A Kyvalley Dairy Group Pty Ltd

(AG2024/3966)

KYVALLEY DAIRY GROUP PTY LTD (PRODUCTION AND RELATED EMPLOYEES) & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry

COMMISSIONER FOX

MELBOURNE, 13 DECEMBER 2024

Application for approval of the Kyvalley Dairy Group Pty Ltd (Production and Related Employees) & United Workers Union Enterprise Agreement 2024.

  1. An application has been made for approval of an enterprise agreement known as the Kyvalley Dairy Group Pty Ltd (Production and Related Employees) & United Workers Union Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Kyvalley Dairy Group Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

  1. The United Workers’ Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

  1. The Agreement is approved, and in accordance with s.54 of the Act, will operate from 20 December 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE527119  PR782166>

Annexure A

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