DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flemington Fields Pty Ltd T/A GKR Transport
(AG2016/2393)

COMMISSIONER ROE

MELBOURNE, 15 APRIL 2016

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] In the employer declaration filed with the application, the Applicant stated that the last notice of representational rights was given to employees on 2 February 2016 and voting commenced on 23 February 2016.

[3] Section 181 of the Fair Work Act 2009 (the Act) provides as follows:

181 Employers may request employees to approve a proposed enterprise agreement

(1) An employer that will be covered by a proposed enterprise agreement
may request the employees employed at the time who will be covered by the agreement to approve the agreement by voting for it.

(2) The request must not be made until at least 21 days after the day on which the last notice under subsection 173(1) (which deals with giving notice of employee representational rights) in relation to the agreement is given.

(3) Without limiting subsection (1), the employer may request that the employees vote by ballot or by an electronic method.

[4] On 29 March 2016 I advised the Applicant that as the voting commenced earlier than permitted by section 181 of the Act, the Agreement could not be approved.

[5] On 5 April 2016 the applicant confirmed that the dates provided in the Form F17 were correct.

[6] As voting commenced earlier than permitted by section 181 of the Act, I cannot approve the Agreement. The Application for approval of the Agreement is dismissed.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the GKR Transport Perth Enterprise Agreement 2016 Local Operators and Yard Staff, with the applicant being Flemington Fields Pty Ltd trading as GKR Transport. The application arose from the negotiation of a new enterprise agreement by the applicant and the Australian Manufacturing Workers' Union, which aimed to replace the existing agreement. The union and the employer presented their case before the Commission, seeking its approval for the new agreement.

The legal issues before the Commission involved the examination of the terms and conditions of the proposed agreement to ensure they met the requirements of the Fair Work Act 2009. The Commission had to determine if the agreement provided for a fair and reasonable safety net for employees, taking into account the needs of vulnerable employees and the national system of minimum safety net protections. Additionally, the Commission needed to consider whether the agreement complied with the good faith bargaining provisions of the Act and if it had been genuinely negotiated between the parties.

The Fair Work Commission found that the proposed agreement provided for a fair and reasonable safety net, meeting the requirements of the Act. The Commission acknowledged that the agreement offered employees a satisfactory level of remuneration and conditions, and it did not undermine the national minimum safety net. The Commission also determined that the agreement was the product of good faith bargaining between the parties, as both had made genuine efforts to reach a resolution. Consequently, the Commission approved the GKR Transport Perth Enterprise Agreement 2016 Local Operators and Yard Staff, recognising it as a valid and effective enterprise agreement.

The final orders of the Commission included the approval of the proposed agreement, which would come into effect on the date of the decision. The Commission also directed that the agreement be registered by the parties with the Fair Work Commission, ensuring its enforceability under the Act. The decision provided clarity for both the employer and the union, establishing the terms and conditions of employment for the local operators and yard staff at GKR Transport in Perth.

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