DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flemington Fields Pty Ltd t/a GKR Transport
(AG2015/6574)

TRANSPORT WORKERS UNION OF WESTERN AUSTRALIA AND GKR TRANSPORT LINEHAUL COLLECTIVE AGREEMENT 2015

Road transport industry
COMMISSIONER GREGORY	SYDNEY, 3 DECEMBER 2015

Application for approval of the Transport Workers Union of Western Australia and GKR Transport Linehaul Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Transport Workers Union of Western Australia and GKR Transport Linehaul Collective Agreement 2015 (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 Applicant 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 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2015. The nominal expiry date of the Agreement is 9 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Flemington Fields Pty Ltd trading as GKR Transport and the Transport Workers Union of Western Australia. The union had applied for the approval of the GKR Transport Linehaul Collective Agreement 2015. The dispute centred on whether the terms of the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues the commission had to decide included whether the agreement was made in good faith, whether it contained terms that were not contrary to public policy, and if the agreement was made with appropriate levels of consultation and disclosure. The commission also needed to assess if the agreement was fair and appropriate for the employees it covered, considering their needs and the broader economic environment.

The Fair Work Commission found that the agreement was made in good faith and that there was sufficient consultation and disclosure between the parties. The commission also determined that the terms of the agreement were not contrary to public policy and were fair and appropriate for the employees. The commission approved the agreement based on these findings, recognising the need for a fair balance between the interests of the employer and the employees. The decision underscores the importance of good faith bargaining and comprehensive consultation in the collective bargaining process.

The commission's final order was to approve the GKR Transport Linehaul Collective Agreement 2015, confirming its compliance with the relevant legislative requirements. This decision provides a clear example of how the Fair Work Commission applies the principles of the Fair Work Act in assessing and approving collective 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