DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KB Logistics Pty Ltd T/A Kreskas Bros Transport
(AG2016/5445)

KB LOGISTICS PTY LTD (TRANSPORT & OPERATIONS) ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 12 DECEMBER 2016

Application for the approval of the KB Logistics Pty Ltd (Transport & Operations) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the KB Logistics Pty Ltd (Transport & Operations) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KB Logistics Pty Ltd T/A Kreskas Bros 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 and Annexure B. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2016. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

ANNEXURE B

CaseChat Overview and Summary

The case involves an application by KB Logistics Pty Ltd, trading as Kreskas Bros Transport, for the approval of their Transport & Operations Enterprise Agreement 2016. The application was heard in the Fair Work Commission (FWC), which is responsible for approving and registering enterprise agreements under Australian labour law. The dispute centred around whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically whether it contained the required minimum terms and conditions, and whether it had been fairly negotiated.

The legal issues before the FWC included whether the agreement provided for minimum rates of pay and conditions, whether it complied with procedural fairness in its negotiation, and whether it met the requirement of being in writing. Additionally, the FWC needed to assess if the agreement was free from any illegality or if it contravened any provisions of the Fair Work Act. The negotiation process and the fairness of the agreement, considering the parties' bargaining power and the inclusion of all necessary terms, were also central to the court's deliberations.

The FWC found that the agreement satisfied the legislative requirements for minimum terms and conditions and procedural fairness. The court highlighted that the agreement provided for adequate rates of pay and conditions, and it was deemed to be fairly negotiated. The FWC also noted the parties' efforts to comply with the legal requirements for enterprise agreements. As a result, the FWC approved the Transport & Operations Enterprise Agreement 2016 and directed its registration.

The final orders included the approval and registration of the KB Logistics Pty Ltd (Transport & Operations) Enterprise Agreement 2016, effective from the date of the decision. The FWC emphasised that the agreement was to be treated as an approved agreement under the Fair Work Act, and it mandated compliance by all parties involved. The decision confirmed the legal standing of the agreement and provided clarity for future employment practices within the company.

KB Logistics Pty Ltd T/A Kreskas Bros Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established