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austlii:cth/FWCA/2025/1622
General information, not legal advice.
FWCA
2025-05-14
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
KELLOGG (AUST) PTY LTD BOTANY AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2025?
Application for approval of the Kellogg (Aust) Pty Ltd Botany and United Workers Union Enterprise Agreement 2025
[1] An application has been made by Kellogg (Aust) Pty Ltd (Applicant) for approval of an enterprise agreement known as the Kellogg (Aust) Pty Ltd Botany and United Workers Union Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.
[2] The requirements in s. 186 include ensuring that the Agreement does not exclude provisions of the National Employment Standards (s. 186(2)(c)) and that the Agreement passes the better off overall test in s. 186(2)(d). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A. Where there is concern that those requirements are not met undertakings may be given and the Commission may be satisfied that the tests are met by accepting those undertakings. I note that the Agreement as made included undertakings that are found at Annexure G to the agreement. Those undertakings modify terms found elsewhere in the Agreement. This is an unusual means of drafting an Agreement. It does however result in the Agreement meeting the requirements in ss. 186(2)(c) and (d).
[3] Having regard to the undertakings in Annexure G and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.
[4] The United Workers Union (UWU) was a bargaining representative for the Agreement and has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act, I note the Agreement covers the UWU.
[5] The Agreement was approved on 14 May 2025 and will operate from 21 May 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is, (noting the application annexed undertaking 1) four years hence on 14 May 2029.
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