Fimpark Pty Ltd T/A Keys Bros Removals & Storage

[2015] FWCA 3004

[2015] FWCA 3004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fimpark Pty Ltd T/A Keys Bros Removals & Storage
(AG2014/10508)

KEYS BROS REMOVALS AND STORAGE ENTERPRISE AGREEMENT 2014

Road transport industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 30 APRIL 2015

Application for approval of the Keys Bros Removals and Storage Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Keys Bros Removals and Storage Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Fimpark Pty Ltd T/A Keys Bros Removals & Storage. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Fimpark Pty Ltd T/A Keys Bros Removals & Storage. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Transport Workers’ Union of Australia (TWU), 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 its Form F18 the TWU raised two issues which concerned whether the Act’s pre-approval requirements had been met and whether a majority of employees had voted to approve the Agreement. A hearing was held on 30 April 2015 to enable the TWU to outline its concerns. Based on information provided to it by Fimpark Pty Ltd T/A Keys Bros Removals & Storage, the Commission was able to address the TWU’s concerns. Against that background, the TWU did not object to the Agreement’s approval. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2015. The nominal expiry date of the Agreement is 31 March 2019.

ATTACHMENT A

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