S Kidman & Co Ltd Summary

[2013] FWCA 10242

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

S Kidman & Co Ltd
(AG2013/10561)

S.KIDMAN & CO LTD ENTERPRISE AGREEMENT 2013

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 31 DECEMBER 2013

Application for approval of the S. Kidman & Co Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the S. Kidman & Co Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The Agreement is approved and will operate from 7 January 2014. The nominal expiry date of the Agreement is 1 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, S Kidman & Co Ltd, applied to the Fair Work Commission for the approval of the S. Kidman & Co Ltd Enterprise Agreement 2013. The applicant is a pastoral company engaged in the breeding and sale of livestock. The dispute concerns the terms and conditions of employment of the company’s employees, who are represented by a trade union. The case was heard in the Fair Work Commission, which has jurisdiction over matters of this nature under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for the protection of employees' rights and interests, including their right to be free from adverse action for proposing to take protected industrial action, and if it allowed for the resolution of disputes in an efficient and timely manner. The Commission also needed to consider if the agreement met the "better off overall" test, which required that the employees be no worse off financially and at least as well off in other respects under the agreement as they would be under the applicable award or registered agreement.

In its decision, the Fair Work Commission held that the proposed agreement met the legislative requirements for approval. The Commission found that the agreement provided adequate protection for employees' rights and interests, including their right to be free from adverse action. The Commission also found that the agreement provided for the efficient and timely resolution of disputes through a combination of internal and external dispute resolution processes. The Commission further held that the agreement met the "better off overall" test, as the employees would receive a range of benefits, including increased wages and improved conditions, under the agreement. The Commission approved the proposed agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The Fair Work Commission ordered that the S Kidman & Co Ltd Enterprise Agreement 2013 be approved, subject to the modifications made by the Commission. The Commission also ordered that the agreement be registered with the Fair Work Ombudsman and that it would commence on a date to be determined by the parties. The decision of the Commission is final and binding on the parties and may be enforced in any court of competent jurisdiction.

S Kidman & Co Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established