DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flemington Fields Pty Ltd T/A GKR Transport
(AG2020/1250)

GKR TRANSPORT PERTH ENTERPRISE AGREEMENT 2020 LOCAL OPERATORS AND YARD STAFF

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 5 JUNE 2020

Application for approval of the GKR Transport Perth Enterprise Agreement 2020 Local Operators and Yard Staff.

[1] An application has been made for approval of an enterprise agreement known as the GKR Transport Perth Enterprise Agreement 2020 Local Operators and Yard Staff (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flemington Fields Pty Ltd T/A GKR Transport. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2020. The nominal expiry date of the Agreement is 4 June 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Flemington Fields Pty Ltd, trading as GKR Transport, for the approval of the GKR Transport Perth Enterprise Agreement 2020 for Local Operators and Yard Staff. The dispute centred around the terms and conditions of employment for the specified staff, as proposed in the enterprise agreement. The matter was heard by the Commission's Deputy President, R L Williams, and Deputy President, S P Saunders.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, and if it appropriately addressed the interests of the employees it sought to cover. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it met the "better off overall test" (BOOT). Additionally, the Commission needed to consider if the agreement adequately addressed any potential issues of discrimination, and if the bargaining process was genuinely conducted.

The Commission found that the proposed agreement met the legislative requirements and was fairly negotiated. It considered the evidence presented regarding the bargaining process, finding it to be genuine. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that the employees would be better off overall under the new agreement. Furthermore, the Commission determined that there were no discriminatory provisions in the agreement. Therefore, the application for approval was successful.

The Fair Work Commission approved the GKR Transport Perth Enterprise Agreement 2020 for Local Operators and Yard Staff, as it met the necessary legal requirements and provided for fair and reasonable terms and conditions of employment. The decision underscores the importance of genuine bargaining and the need for enterprise agreements to be beneficial to the employees they cover.

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