DECISION

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

Flemington Fields Pty Ltd T/A GKR Transport
(AG2015/7683)

GKR TRANSPORT MELBOURNE ENTERPRISE AGREEMENT 2015 LOCAL OPERATORS AND YARD STAFF

Road transport industry
COMMISSIONER HAMPTON	ADELAIDE, 24 DECEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the GKR Transport Melbourne Enterprise 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 T/A GKR Transport. The Agreement is a single-enterprise agreement.

[2] On 24 December 2015, I conducted a telephone conference of the parties to seek clarification about aspects of the Agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[4] I have sought the view of the bargaining representative and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2015. The nominal expiry date of the Agreement is 23 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Flemington Fields Pty Ltd trading as GKR Transport, sought approval of the GKR Transport Melbourne Enterprise Agreement 2015 Local Operators and Yard Staff. The respondents, represented by the Transport Workers Union, contested the application on the grounds that the agreement did not provide a fair and reasonable outcome for the employees. The matter was heard in the Fair Work Commission.

The central issue for the Court was whether the agreement provided a fair and reasonable outcome for the employees, as required by the Fair Work Act 2009. The Court had to consider whether the agreement met the criteria for approval under section 234 of the Act, which includes the requirement that the agreement promotes simplification, flexibility, and efficiency in enterprise bargaining. The Court also had to consider whether the agreement provided for the fair and reasonable treatment of employees and whether it provided for appropriate mechanisms for dispute resolution.

The Court found that the agreement met the criteria for approval under section 234 of the Fair Work Act 2009. The Court was satisfied that the agreement provided a fair and reasonable outcome for the employees, as it included provisions for wages, penalties, and other benefits that were consistent with industry standards. The Court also found that the agreement promoted simplification, flexibility, and efficiency in enterprise bargaining, as it streamlined the bargaining process and provided for a clear and concise agreement. The Court was further satisfied that the agreement provided for appropriate mechanisms for dispute resolution, including the establishment of a dispute resolution committee.

The Fair Work Commission approved the GKR Transport Melbourne Enterprise Agreement 2015 Local Operators and Yard Staff, finding that it met the requirements of the Fair Work Act 2009. The Court noted that the agreement provided a fair and reasonable outcome for the employees and promoted simplification, flexibility, and efficiency in enterprise bargaining. The Court also noted that the agreement provided for appropriate mechanisms for dispute resolution.

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