DECISION

Fair Work Act 2009
s.185—Enterprise agreement

C.J. & R.S. Kelly Pty Ltd T/A Chas Kelly Transport
(AG2019/1016)

CHAS KELLY TRANSPORT WORKSHOP ENTERPRISE AGREEMENT 2019

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 9 JULY 2019

Application for approval of the Chas Kelly Transport Workshop Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Chas Kelly Transport Workshop Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by C.J. & R.S. Kelly Pty Ltd T/A Chas Kelly Transport. 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] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2019. The nominal expiry date of the Agreement is 8 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for approval of the Chas Kelly Transport Workshop Enterprise Agreement 2019, the case involved C.J. & R.S. Kelly Pty Ltd T/A Chas Kelly Transport and their employees represented by the Transport Workers Union of Australia. The dispute arose under the Fair Work Act 2009, with the application being heard in the Fair Work Commission. The central issue before the Commission was whether the proposed enterprise agreement met the criteria for approval, including whether it was a "better off overall test" agreement.

The Fair Work Commission assessed the application, considering the employees' financial position, workplace flexibility, and overall benefits of the agreement. The Commission noted that the proposed agreement provided several enhancements, including increased wages, improved leave provisions, and additional benefits for employees. It was also noted that the agreement included a mechanism for resolving disputes and provided for fair and transparent processes. The Commission found that the proposed agreement satisfied the better off overall test, as it provided a net benefit to the employees without imposing unreasonable burdens on the employer.

Accordingly, the Fair Work Commission approved the Chas Kelly Transport Workshop Enterprise Agreement 2019, recognising the agreement's merits in balancing the interests of both the employees and the employer. The approval was based on the comprehensive analysis of the agreement's provisions and the demonstrated benefits to the employees. The decision highlights the importance of fair negotiations and the role of the Fair Work Commission in ensuring that enterprise agreements serve the interests of all parties involved.

C.J. & R.S. Kelly Pty Ltd T/A Chas Kelly Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established