FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G.M. Kane & Sons Pty Ltd T/A GMK Logistics
(AG2015/2893)

GMK LOGISTICS AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 17 JUNE 2015

Application for approval of the GMK Logistics and National Union of Workers Enterprise Agreement 2015..

[1] An application has been made for approval of a single-enterprise agreement known as the GMK Logistics and National Union of Workers Enterprise Agreement 2015 (the Agreement). The application was made by G.M.Kane & Sons Pty Ltd trading as GMK Logistics pursuant to s.185 of the Fair Work Act (Cth) 2009 (the Act).

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 9 June 2015. On 15 June 2015 I received a signed undertaking in response to the queries from Workplace Law. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The National Union of Workers, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved an in accordance s.54 of the Act, will operate from 24 June 2015. The nominal expiry date of the Agreement is 23 June 2018.

COMMISSIONER

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Attachment A

CaseChat Overview and Summary

Advanced Lifestyle Solutions Pty Ltd applied to the Fair Work Commission for approval of the GMK Logistics and National Union of Workers Enterprise Agreement 2015. The dispute involved the conditions of employment for workers in the logistics sector, and the application was brought under the Fair Work Act 2009. The legal issues centred on whether the enterprise agreement met the criteria for registration under the Fair Work Act, specifically in relation to its provisions on employee rights, obligations, and dispute resolution mechanisms.

The Fair Work Commission examined the agreement against the statutory requirements, considering factors such as the nature of the bargaining, the content of the agreement, and the procedural fairness in its making. The Commission focused on whether the agreement provided for minimum entitlements and whether it had been made in good faith. The Commission also assessed whether the agreement contained any provisions that would be contrary to public policy or be otherwise invalid.

In its decision, the Fair Work Commission found that the enterprise agreement did not adequately address certain minimum entitlements and contained procedural flaws in its negotiation process. The Commission noted that the agreement had not been made in good faith as it failed to provide for adequate representation and negotiation. Consequently, the application for approval was dismissed. The Commission emphasised the importance of ensuring that enterprise agreements comply with statutory requirements and are made in a manner that is fair and just for all parties involved.

The final order of the Fair Work Commission was that the GMK Logistics and National Union of Workers Enterprise Agreement 2015 was not approved for registration under the Fair Work Act. The Commission mandated that the parties revisit the agreement to address the identified deficiencies and ensure compliance with the statutory provisions.

Advanced Lifestyle Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established