DECISION

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

Flemington Fields Pty Ltd T/A GKR Transport
(AG2015/2622)

GKR TRANSPORT ADELAIDE AGREEMENT 2015 LOCAL OPERATORS AND YARD STAFF

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 1 JUNE 2015

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

[1] An application has been made for approval of an enterprise agreement known as the GKR Transport Adelaide 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 9 June 2015. The nominal expiry date is three (3) years from that date.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Flemington Fields Pty Ltd trading as GKR Transport, applied to the Fair Work Commission for the approval of the GKR Transport Adelaide Agreement 2015 Local Operators and Yard Staff. The respondent, the Transport Workers Union of Australia, opposed the application on the grounds that the agreement did not comply with certain provisions of the Fair Work Act 2009. The matter was heard by the Commission in the city of Melbourne.

The key legal issues before the Commission were whether the agreement was a "green fields" agreement, and if it was, whether it complied with the requirements of section 231 of the Fair Work Act. A "green fields" agreement is one that establishes a new enterprise and is not intended to replace an existing enterprise. The Commission considered whether the agreement was genuinely intended to establish a new enterprise or if it was a disguised attempt to replace an existing enterprise.

The Commission found that the agreement was not a "green fields" agreement as it was intended to replace the existing enterprise. However, the Commission determined that the agreement was still capable of being approved under section 232 of the Fair Work Act, which allows for the approval of an agreement that does not comply with certain provisions if the Commission is satisfied that it is in the public interest to do so. The Commission was satisfied that the agreement was in the public interest as it provided for improved workplace relations and better outcomes for employees.

The Fair Work Commission approved the GKR Transport Adelaide Agreement 2015 Local Operators and Yard Staff. The Commission found that while the agreement was not a "green fields" agreement, it was still capable of being approved under section 232 of the Fair Work Act. The Commission was satisfied that the agreement was in the public interest and would provide for improved workplace relations and better outcomes for employees. The Commission's decision provides guidance for employers and unions on the requirements for approving enterprise agreements.

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