DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flemington Fields Pty Ltd T/A GKR Transport
(AG2016/6940)

GKR TRANSPORT PERTH ENTERPRISE AGREEMENT 2016 LOCAL OPERATORS AND YARD STAFF

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2017

Application for approval of the GKR Transport Perth Enterprise Agreement 2016 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 2016 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Flemington Fields Pty Ltd T/A GKR Transport, the Fair Work Commission was tasked with considering an application for the approval of the GKR Transport Perth Enterprise Agreement 2016, specifically pertaining to the classification of Local Operators and Yard Staff. The dispute arose from disagreements between the employer and the employees represented by the Australian Manufacturing Workers Union, focusing on the terms and conditions of employment as outlined in the proposed enterprise agreement.

The primary legal issues before the Commission were whether the proposed agreement complied with the relevant statutory requirements under the Fair Work Act 2009 and if it appropriately addressed the needs and rights of the employees. The Commission needed to assess if the agreement fairly reflected the balance of power between the employer and the employees, and if it met the criteria for "better off overall" or "at least as well off" for the employees involved. Additionally, the Commission examined whether the agreement was appropriately negotiated and if it contained all the necessary provisions required by the Act.

In its decision, the Fair Work Commission found that the application met the statutory requirements for approval. The Commission concluded that the agreement was fairly negotiated, appropriately balanced the rights and obligations of both parties, and provided for terms and conditions that were not less favourable than the applicable awards or the general law. The Commission further determined that the proposed agreement was likely to be better off overall for the employees, taking into account the various benefits and protections it provided. Therefore, the Commission approved the GKR Transport Perth Enterprise Agreement 2016 Local Operators and Yard Staff.

As a result of the Commission's decision, the proposed enterprise agreement was approved, and the terms and conditions set out in the agreement will now apply to the relevant employees. The Fair Work Commission's determination ensures that the agreement is legally compliant and provides for a fair and balanced set of employment terms for both the employer and the employees.

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