DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2018/6400)

ANDREW KOHN PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 4 MARCH 2019

Application for approval of the Andrew Kohn Pty Ltd and National Union of Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Andrew Kohn Pty Ltd and National Union of 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 National Union of Workers. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Andrew Kohn Pty Ltd and the National Union of Workers. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The central legal issue was whether the agreement provided for the mandatory bargaining obligations under section 233 of the Act, including the requirements for employees' working conditions and entitlements. Specifically, the Commission needed to decide if the agreement appropriately addressed the minimum terms and conditions set out in the relevant modern award.

The Commission examined the provisions of the agreement to ensure it complied with the statutory requirements. It was necessary to confirm that the agreement provided for the essential minimum terms and conditions, and that it did not undermine the protections afforded by the modern award. The Commission also considered the process by which the agreement was negotiated, including whether the necessary genuine steps to reach an agreement had been taken, and whether the agreement was in the best interests of the employees. After careful consideration of the evidence and submissions, the Commission found that the agreement met all the legal criteria for approval.

The Fair Work Commission approved the enterprise agreement, finding it met all the necessary legal requirements. The agreement was deemed to appropriately reflect the mandatory minimum terms and conditions, and it did not adversely affect the protections provided by the relevant modern award. The Commission also confirmed that the agreement had been negotiated in good faith and was in the best interests of the employees. The decision was based on a comprehensive analysis of the agreement's provisions and the process by which it was negotiated. The final orders included the approval of the enterprise agreement and the setting aside of any objections or concerns raised during the process.

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