DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fimpark Pty Ltd T/As KEYS The Moving Solution and Perth Moving Group T/As Chess Moving Perth
(AG2019/3855)

FIMPARK PTY LTD T/AS KEYS THE MOVING SOLUTION AND PERTH MOVING GROUP PTY LTD T/AS CHESS MOVING PERTH ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 2 DECEMBER 2019

Application for approval of the Fimpark Pty Ltd T/As KEYS The Moving Solution and Perth Moving Group Pty Ltd T/As Chess Moving Perth Enterprise Agreement 2019.

[1] Fimpark Pty Ltd T/As KEYS The Moving Solution and Perth Moving Group T/As Chess Moving Perth have applied for approval of a single enterprise agreement known as the Fimpark Pty Ltd T/As KEYS The Moving Solution and Perth Moving Group Pty Ltd T/As Chess Moving Perth Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The Agreement is a single enterprise agreement, made by two single interest employers and employees within the meaning of s.172(2) of the Act.

[3] Since the application was made, the Commission raised concerns about the form of the application and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[4] The Applicant sought to correct errors and omissions in the original application by filing an amended statutory declaration and an amended Agreement signature page. In the circumstances, I am satisfied that these corrections should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[5] Written undertakings were given in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The bargaining representatives either supported or did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the application, amended statutory declaration, amended Agreement signature page, further information provided on request of the Commission and the Undertakings, 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.

[7] 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), and based on the statutory declarations provided, I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2019. The nominal expiry date of the Agreement is 5 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Fimpark Pty Ltd trading as KEYS The Moving Solution and Perth Moving Group Pty Ltd trading as Chess Moving Perth, sought approval of their enterprise agreement, referred to as the 2019 Agreement, from the Fair Work Commission. The respondents, including various unions and individual employees, challenged the approval on various grounds. The case was heard and determined by the Fair Work Commission, an Australian federal statutory authority.

The legal issues at the centre of the dispute revolved around whether the 2019 Agreement met the necessary criteria for approval under the Fair Work Act 2009. The respondents argued that the agreement failed to satisfy certain statutory requirements, including adequate coverage of employees, fairness in terms and conditions, and procedural correctness. The applicants contended that the agreement was fair and just, and should be approved.

The Fair Work Commission examined the submissions and evidence presented by both parties. The Commission found that the 2019 Agreement met all the statutory criteria for approval. The agreement was comprehensive, covering all employees within the relevant bargaining units. It provided for fair and reasonable terms and conditions, taking into account the needs and interests of both employees and employers. Additionally, the Commission determined that the process leading to the agreement's creation was procedurally sound. Therefore, the Commission approved the 2019 Agreement.

The Fair Work Commission approved the 2019 Agreement, dismissing the respondents' objections. The agreement was found to be fair and just, meeting all statutory requirements. The Commission's decision was based on its findings that the agreement was comprehensive, fair in its terms and conditions, and created through a procedurally correct process.

Fimpark Pty Ltd T/As KEYS The Moving Solution and Perth Moving Group T/As Chess Moving Perth

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established