DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G.M. Kane & Sons Pty Ltd T/A GMK Logistics
(AG2018/6290)

GMK LOGISTICS AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

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COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 FEBRUARY 2019

Application for approval of the GMK Logistics and National Union of Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the GMK Logistics and National Union of Workers Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by G.M. Kane & Sons Pty Ltd T/A GMK Logistics. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers, 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.

[4] The Agreement was approved on 5 February 2019 and, in accordance with s.54, will operate from 12 February 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case involved G.M. Kane & Sons Pty Ltd, trading as GMK Logistics, and the National Union of Workers. The dispute centred around the approval of the GMK Logistics and National Union of Workers Enterprise Agreement 2018. The application was brought before the Fair Work Commission.

The primary legal issues before the Commission were whether the Enterprise Agreement was appropriately certified and if it complied with the provisions of the Fair Work Act 2009. The Commission had to consider whether the agreement was made in good faith, if it contained the minimum entitlements prescribed by the Act, and whether the union had genuinely certified the agreement. Additionally, the Commission needed to assess whether the agreement met the requirements for simplicity and clarity.

The Fair Work Commission found that the application for approval was validly made and that the agreement was genuinely certified by the union. The Commission concluded that the agreement contained all the prescribed minimum entitlements and was made in good faith. Furthermore, the agreement was deemed to be simple and clear. Based on these findings, the Commission approved the Enterprise Agreement, confirming that it met all statutory requirements.

The final orders of the Commission were that the GMK Logistics and National Union of Workers Enterprise Agreement 2018 be approved as a registered agreement. This approval meant that the terms of the agreement would be binding on the parties and enforceable under the Fair Work Act.

G.M. Kane & Sons Pty Ltd T/A GMK Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established