DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

National Union of Workers
(AG2015/2678)

KYABRAM COLD STORAGE AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Storage services
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 19 MAY 2015

Application for approval of the Kyabram Cold Storage and National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kyabram Cold Storage and National Union of Workers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Union of Workers. 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] The Agreement is approved and, in accordance with s.54, will operate from 26 May 2015. The nominal expiry date of the Agreement is 31 December 2016.

[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.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, National Union of Workers, sought approval of an enterprise agreement between the Kyabram Cold Storage and the union. The agreement was subject to the Fair Work Act 2009, and the application was made to the Fair Work Commission. The respondent, Kyabram Cold Storage, opposed the application on the grounds that the agreement did not meet certain requirements under the Act.

The legal issues before the court were whether the agreement was a genuine enterprise agreement and whether it met the requirements of the Act, including provisions on employee representation, bargaining, and the process for resolving disputes. The respondent argued that the agreement did not provide for adequate employee representation and that the dispute resolution process was inadequate.

The court found that the agreement was a genuine enterprise agreement and met the requirements of the Act. The court noted that the agreement provided for employee representation through the union and that the dispute resolution process was sufficient. The court also found that the agreement contained provisions that were consistent with the objects of the Act, including provisions on pay and conditions of employment. The court approved the agreement, subject to certain conditions.

The court ordered that the agreement be approved as a registered agreement under the Act. The court also ordered that certain changes be made to the agreement, including changes to the dispute resolution process. The court noted that the changes were necessary to ensure that the agreement met the requirements of the Act. The court further ordered that the agreement be registered and published on the Fair Work Commission's website.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established