DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flemington Fields Pty Ltd T/A GKR Transport
(AG2015/4557)

GKR TRANSPORT SYDNEY AGREEMENT 2015 LOCAL OPERATORS AND YARD STAFF

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 3 SEPTEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the GKR Transport Sydney 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] 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 10 September 2015. The nominal expiry date is 2 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Flemington Fields Pty Ltd trading as GKR Transport, applied to the Fair Work Commission for approval of the GKR Transport Sydney Agreement 2015 Local Operators and Yard Staff. The application was opposed by the Transport Workers Union. The nature of the dispute was the terms and conditions of employment for local operators and yard staff under the proposed enterprise agreement. The case was heard in the Fair Work Commission, an Australian federal statutory tribunal with the authority to make binding decisions in employment and industrial relations matters.

The primary legal issues before the Commission were whether the proposed agreement was in the public interest, as required by section 233 of the Fair Work Act 2009, and whether it met the requirements for approval under section 230 of the Act. This involved assessing the agreement's provisions, particularly those concerning pay and conditions, against the relevant legislative criteria and any applicable precedents. The Commission also needed to determine whether the agreement adequately protected the rights and interests of the employees involved.

The Fair Work Commission found that the proposed agreement was in the public interest and met all the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for pay rates, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement did not adversely affect the employees' rights and interests and was consistent with broader public policy objectives. Consequently, the Commission approved the GKR Transport Sydney Agreement 2015 Local Operators and Yard Staff, as applied for by the applicant.

The Fair Work Commission ordered the approval of the GKR Transport Sydney Agreement 2015 Local Operators and Yard Staff, effective from the date of the Commission's decision. The Commission's approval ensures that the terms and conditions set out in the agreement are legally binding on the parties and enforceable under the Fair Work Act 2009. The decision provides certainty and stability for the employees and the employer, as well as compliance with the relevant legislative framework.

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