Select Harvests Ltd T/A Kyndalyn Park Pty Ltd

[2013] FWCA 8424

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Select Harvests Ltd T/A Kyndalyn Park Pty Ltd
(AG2013/9675)

KYNDALYN PARK AND THE AWU ENTERPRISE AGREEMENT 2013

Agricultural industry
COMMISSIONER LEWIN	MELBOURNE, 25 OCTOBER 2013

Application for approval of the Kyndalyn Park and the AWU Enterprise Agreement 2013.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of Agreement known as the Kyndalyn Park and the AWU Enterprise Agreement 2013 (the Agreement). The application has been made by Select Harvests Ltd T/A Kyndalyn Park Pty Ltd (the Company). The Agreement is a single Enterprise Agreement.

[2] The application for approval of the Agreement was filed on 1 October 2013, by Mr Tom Kite, General Manager Human Resources for the Company.

[3] The Australian Workers’ Union (AWU) filed a F18 Declaration of Employee Organisation in relation to the application for approval of an Enterprise Agreement. The AWU is therefore covered by the Agreement.

[4] 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.

[5] The Agreement is approved and in accordance with s.54 of the Act will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 1 August 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Select Harvests Ltd T/A Kyndalyn Park Pty Ltd, the Australian Fair Work Commission (FWC) was asked to consider the application for the approval of the Kyndalyn Park and the AWU Enterprise Agreement 2013. This case arose from a dispute between the employer, Select Harvests Ltd, and the Australian Workers' Union (AWU), concerning the terms and conditions of employment for workers at the Kyndalyn Park.

The legal issues before the FWC centred on the interpretation and application of the Fair Work Act 2009, specifically sections that govern the approval of enterprise agreements. The AWU argued that certain provisions of the proposed enterprise agreement were not fair and reasonable, while Select Harvests Ltd contended that the agreement was fair and met all statutory requirements. The FWC was tasked with determining whether the enterprise agreement provided a safety net for workers and whether it was procedurally valid.

The FWC found that the application for approval of the enterprise agreement met the criteria under the Fair Work Act. The commission considered the evidence presented by both parties and determined that the proposed agreement provided a fair and reasonable set of terms and conditions for the employees. The FWC noted that the agreement contained provisions that were no less favourable than the applicable awards or safety net provisions and that the process for reaching the agreement was procedurally valid. Consequently, the FWC approved the Kyndalyn Park and the AWU Enterprise Agreement 2013.

The FWC's decision was grounded in its assessment of the fairness and reasonableness of the enterprise agreement, as well as its compliance with the statutory requirements for approval. By approving the agreement, the FWC upheld the employer's application and recognised the negotiated terms as a legitimate basis for employment at Kyndalyn Park.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established