C.J & R.S Kelly Pty Ltd Trading AS Chas Kelly Transport

[2025] FWCA 1063

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

C.J & R.S Kelly Pty Ltd Trading AS Chas Kelly Transport

(AG2025/536)

C.J. & R.S. KELLY PTY LTD TRADING AS CHAS KELLY TRANSPORT WOODCHIP CARTAGE DIVISION TASMANIAN ENTERPRISE AGREEMENT

Road transport industry
COMMISSIONER PERICA	MELBOURNE, 27 MARCH 2025

Application for approval of the C.J. & R.S. Kelly Pty Ltd trading as Chas Kelly Transport Woodchip Cartage Division Tasmanian Enterprise Agreement

An application has been made for approval of an enterprise agreement known as the C.J. & R.S. Kelly Pty Ltd trading as Chas Kelly Transport Woodchip Cartage Division Tasmanian Enterprise Agreement (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Transport Workers’ Union of Australia being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 27 March 2025. It will operate from 3 April 2025 as required by section 54 of the Act. The nominal expiry date is 27 March 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was made by C.J. & R.S. Kelly Pty Ltd trading as Chas Kelly Transport Woodchip Cartage Division for the approval of an enterprise agreement. The agreement was to be registered under section 233 of the Fair Work Act 2009, as it had been independently negotiated with the employees represented by the Maritime Union of Australia. The dispute centred around the procedural fairness of the negotiation process and whether the agreement met the requirements for approval under the Fair Work Act.

The court had to determine whether the enterprise agreement was fairly negotiated and whether the approval process adhered to the principles of procedural fairness. This involved examining the documentation provided by the applicant, including the minutes of meetings, communications between the parties, and evidence of the negotiation process. The court also needed to assess whether the agreement complied with the provisions of the Fair Work Act, particularly regarding the rights and protections of employees.

The Fair Work Commission found that the negotiation process was conducted in good faith and met the necessary standards of procedural fairness. The court noted that the employer had provided comprehensive evidence of the negotiation process, including minutes of meetings and communications between the parties. The agreement was found to be consistent with the provisions of the Fair Work Act, and it provided appropriate protections for the employees. The court concluded that the application for approval of the enterprise agreement should be granted.

The Fair Work Commission approved the C.J. & R.S. Kelly Pty Ltd trading as Chas Kelly Transport Woodchip Cartage Division Tasmanian Enterprise Agreement, subject to the terms and conditions outlined in the agreement. The decision affirmed the importance of fair and independent negotiation processes in the creation of enterprise agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established