DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mickies Bikkies Pty Ltd ATF The Mickies Bikkies Unit Trust T/A Kez's Kitchen
(AG2018/5244)

KEZ'S KITCHEN AND NATIONAL UNION WORKERS ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 DECEMBER 2018

Application for approval of the Kez's Kitchen and National Union of Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kez’s Kitchen and National Union 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 Mickies Bikkies Pty Ltd ATF The Mickies Bikkies Unit Trust T/A Kez’s Kitchen. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2018. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Mickies Bikkies Pty Ltd, trading as Kez's Kitchen, sought approval of an enterprise agreement from the Fair Work Commission. The respondent, the National Union of Workers, contested the application on various grounds. The case was heard in the Fair Work Commission, the primary Australian industrial relations tribunal.

The central legal issue was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The respondent argued that the agreement did not meet the "better off overall test" and contained provisions that were contrary to public policy. The applicant maintained that the agreement was fair and reasonable, meeting all legal criteria for approval.

The Commission found that the enterprise agreement did satisfy the better off overall test. The terms and conditions were fair and reasonable, taking into account the economic circumstances of the parties and the overall fairness of the agreement. The Commission also found that the agreement did not contain any provisions contrary to public policy. Consequently, the application for approval was successful.

The Fair Work Commission approved the enterprise agreement, finding it to be fair and reasonable and not contrary to public policy. The agreement was thus approved, and the application was dismissed.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established