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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fimpark Pty Ltd, trading as Keys Bros Removals & Storage, applied to the Fair Work Commission for the approval of the Keys Bros Removals and Storage Enterprise Agreement 2014. The applicant sought the agreement to be approved under the Fair Work Act 2009, as it was negotiated by an independent bargaining representative and met the requirements for a simple summary to be provided to employees. The application was made in the context of ongoing industrial relations negotiations between the employer and its employees.

The legal issues before the commission included whether the agreement contained all the mandatory terms required by the Fair Work Act, whether the agreement was negotiated in good faith, and whether the agreement was fair and reasonable. The commission also had to consider whether the agreement provided for a simple summary to be made available to employees and whether the application was made within the required timeframes. Additionally, the commission needed to assess whether the agreement met the requirements for approval under section 232 of the Fair Work Act.

In considering these issues, the commission found that the agreement contained all the mandatory terms required by the Fair Work Act, and that the agreement was negotiated in good faith. The commission also found that the agreement was fair and reasonable, and that a simple summary had been provided to employees. The commission determined that the application was made within the required timeframes, and that the agreement met the requirements for approval under section 232 of the Fair Work Act. As a result, the commission approved the Keys Bros Removals and Storage Enterprise Agreement 2014.

The commission's decision was based on a thorough analysis of the agreement and the evidence presented by the parties. The commission found that the agreement provided for a fair and reasonable outcome for both the employer and employees, and that it met the requirements for approval under the Fair Work Act. The approval of the agreement is an important step in ensuring that the parties can move forward with their industrial relations negotiations and reach a sustainable outcome.

Fimpark Pty Ltd T/A Keys Bros Removals & Storage

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established