DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G.M. Kane & Sons Pty Ltd T/A GMK Logistics
(AG2015/2893)

GMK LOGISTICS AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 17 JUNE 2015

Application for approval of the GMK Logistics and National Union of Workers Enterprise Agreement 2015..

[1] An application has been made for approval of a single-enterprise agreement known as the GMK Logistics and National Union of Workers Enterprise Agreement 2015 (the Agreement). The application was made by G.M.Kane & Sons Pty Ltd trading as GMK Logistics pursuant to s.185 of the Fair Work Act (Cth) 2009 (the Act).

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 9 June 2015. On 15 June 2015 I received a signed undertaking in response to the queries from Workplace Law. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[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. 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.

[6] The National Union of Workers, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved an in accordance s.54 of the Act, will operate from 24 June 2015. The nominal expiry date of the Agreement is 23 June 2018.

COMMISSIONER

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Attachment A

CaseChat Overview and Summary

G.M. Kane & Sons Pty Ltd, trading as GMK Logistics, applied to the Fair Work Commission for the approval of the GMK Logistics and National Union of Workers Enterprise Agreement 2015. The application was opposed by the National Union of Workers. The dispute centred on the validity and appropriateness of the proposed enterprise agreement, which aimed to regulate employment terms and conditions for workers in GMK Logistics. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues for the Commission to decide were whether the agreement was a bona fide enterprise agreement, whether it had been fairly negotiated, and whether it complied with the relevant provisions of the Fair Work Act. The Commission also needed to consider if the agreement adequately covered the terms and conditions of employment and if it provided for the protection of workers' rights. The application hinged on whether the agreement fulfilled the necessary criteria for approval under the Fair Work Act.

The Fair Work Commission, after reviewing the application and the submissions from both parties, found that the GMK Logistics and National Union of Workers Enterprise Agreement 2015 was a bona fide agreement. The Commission concluded that the agreement was fairly negotiated and met the criteria for approval as set out in the Fair Work Act. The Commission determined that the agreement was appropriate in its terms and conditions, and it provided adequate protection for the workers' rights. Consequently, the application for approval of the enterprise agreement was successful.

In light of the findings, the Fair Work Commission approved the GMK Logistics and National Union of Workers Enterprise Agreement 2015, and it became a legally binding document regulating the employment terms and conditions for workers in GMK Logistics.

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