DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Flemington Fields Pty Ltd T/A GKR Transport
(AG2015/2973)

GKR TRANSPORT BRISBANE AGREEMENT 2015 LOCAL OPERATORS AND YARD STAFF

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 16 JUNE 2015

Application for approval of the GKR Transport Brisbane Agreement 2015 Local Operators and Yard Staff.

[1] An application has been made for approval of an enterprise agreement known as the GKR Transport Brisbane Agreement 2015 Local Operators and Yard Staff (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Flemington Fields Pty Ltd trading as GKR Transport. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 23 June 2015. The nominal expiry date is three (3) years from that date.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Flemington Fields Pty Ltd, trading as GKR Transport, applied for the approval of the GKR Transport Brisbane Agreement 2015 Local Operators and Yard Staff. The applicant sought to have the agreement registered and applicable to its local operators and yard staff in Brisbane. The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009.

The Commission examined the procedural and substantive fairness of the agreement. Procedural fairness involved assessing if the agreement was genuinely negotiated and not the product of undue influence or coercion. Substantive fairness required the terms to be reasonable and not detrimental to the employees. The Commission found that the agreement had been negotiated in good faith and that it contained terms that were fair and reasonable. The application was subsequently approved, and the agreement was registered as a registered agreement under the Act.

The Commission ordered the registration of the GKR Transport Brisbane Agreement 2015 Local Operators and Yard Staff, effective from the date of the decision. This registration would ensure that the terms of the agreement would be binding on the parties and enforceable under the Fair Work Act.

Flemington Fields Pty Ltd T/A GKR Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established