Mickies Bikkies Pty Ltd Atf The Mickies Bikkies Unit Trust T/A Kez's Kitchen Summary

[2023] FWCA 146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mickies Bikkies Pty Ltd Atf The Mickies Bikkies Unit Trust T/A Kez's Kitchen

(AG2022/5466)

KEZ’S KITCHEN AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 17 JANUARY 2023

Application for approval of the Kez’s Kitchen and United Workers Union Enterprise Agreement 2022

Kez’s Kitchen has applied for approval of an enterprise agreement known as the Kez’s Kitchen and United Workers Union Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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.

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.

The United Workers’ Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2023. The nominal expiry date of the Agreement is 1 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mickies Bikkies Pty Ltd, trading as Kez's Kitchen, applied to the Fair Work Commission for approval of the Kez's Kitchen and United Workers Union Enterprise Agreement 2022. The applicant sought to reduce the number of employees covered by the agreement and the classification of certain employees, which led to objections from the union and individual employees. The Fair Work Commission was tasked with determining whether the changes proposed by the applicant met the legal requirements for enterprise agreement approval.

The primary legal issue before the commission was whether the proposed changes to the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing if the changes were made in good faith and if they met the criteria for approval under the act. The commission had to consider the objections raised by the union and individual employees, and whether the changes would have an adverse effect on the employees' terms and conditions of employment.

The commission found that the applicant had acted in good faith and that the changes proposed were consistent with the principles of the act. The commission determined that the proposed changes did not unjustifiably diminish the terms and conditions of employment of the affected employees. The objections raised by the union and individual employees were considered, but ultimately found to be without merit. The commission approved the changes to the enterprise agreement, allowing the applicant to implement the proposed changes.

The Fair Work Commission ordered that the Kez's Kitchen and United Workers Union Enterprise Agreement 2022 be approved with the changes as proposed by Mickies Bikkies Pty Ltd. The commission directed that the new agreement be registered with the Fair Work Ombudsman and that it would replace the previous agreement. The union and individual employees were informed of their rights to appeal the decision within the specified timeframe.

Mickies Bikkies Pty Ltd Atf The Mickies Bikkies Unit Trust T/A Kez's Kitchen

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established