| [2018] FWCA 3419 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
CJ & RS Kelly Pty Ltd T/A Chas Kelly Transport
(AG2018/334)
C J & R S KELLY PTY LTD TRADING AS CHAS KELLY TRANSPORT - BOC - TASMANIAN ENTERPRISE AGREEMENT 2017
Tasmania | |
COMMISSIONER LEE | MELBOURNE, 8 JUNE 2018 |
Application for approval of the C J & R S Kelly Pty Ltd trading as Chas Kelly Transport - BOC - Tasmanian Enterprise Agreement 2017.
[1] 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 - BOC - Tasmanian Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CJ & RS Kelly Pty Ltd T/A Chas Kelly Transport. The Agreement is a single enterprise agreement.
[2] The Applicant 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 Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[5] I note the Clause 24 is inconsistent with the National Employment Standards as it states that employees may be terminated without notice for various reasons not contemplated by the Act. Given the National Employment Standards precedence clause at Clause 7 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2018. The nominal expiry date of the Agreement is 7 June 2021.
COMMISSIONER
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Annexure A
- AGLC
- CJ & RS Kelly Pty Ltd T/A Chas Kelly Transport [2018] FWCA 3419
- Case
- [2018] FWCA 3419
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009 and whether it was consistent with the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission needed to assess whether the agreement was procedurally sound, including whether it had been fairly negotiated and if the employees had been adequately informed about the agreement.
The Commission found that the agreement did comply with the statutory requirements and was procedurally sound. The agreement was negotiated in good faith and the employees were appropriately informed about the contents and implications of the agreement. The Commission also concluded that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the employees and the industry. Consequently, the Commission approved the Tasmanian Enterprise Agreement 2017.
The Fair Work Commission approved the Tasmanian Enterprise Agreement 2017, effective from the date of the decision. This approval was based on the determination that the agreement was fair, reasonable, and had been negotiated in good faith. The decision affirmed that the agreement complied with all relevant statutory requirements and procedural standards.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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