KDR Gold Coast Pty Ltd

[2024] FWCA 1944

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

KDR Gold Coast Pty Ltd

(AG2024/1552)

KDR GOLD COAST PTY LTD ENTERPRISE AGREEMENT 2024

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MAY 2024

Application for approval of the KDR Gold Coast Pty Ltd Enterprise Agreement 2024

KDR Gold Coast Pty Ltd has made an application for approval of an enterprise agreement known as the KDR Gold Coast Pty Ltd Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that the requirements of ss 186, 187 and 188 have been met. In particular, I am satisfied that the Agreement passes the ‘better off overall test’. The Agreement provides numerous terms of employment that are more beneficial to employees than those in the relevant award. These terms outweigh the terms which, in certain respects, are less beneficial than those in the award. In my view each award covered employee and each reasonably foreseeable employee will be better off overall under the Agreement. I reach this conclusion having undertaken the global assessment required by s 193A(2).

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.

The Australian Rail, Tram and Bus Industry Union (RTBU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the RTBU.

The Agreement was approved on 28 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, KDR Gold Coast Pty Ltd, sought approval of an enterprise agreement for its employees. The agreement was submitted to the Fair Work Commission for approval. The applicant argued that the agreement was made in good faith and complied with all relevant legal requirements. The applicant claimed that the agreement was necessary to address workplace issues and improve working conditions for its employees.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement complied with the Fair Work Act 2009. The applicant needed to demonstrate that the agreement was made in good faith, was not made under duress or coercion, and was not detrimental to the employees. The Commission also considered whether the agreement contained provisions that were contrary to public policy or contravened any relevant industrial laws.

The Fair Work Commission found that the enterprise agreement complied with the requirements of the Fair Work Act. The Commission was satisfied that the agreement was made in good faith, without duress or coercion, and was not detrimental to the employees. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy or contravened any relevant industrial laws. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the KDR Gold Coast Pty Ltd Enterprise Agreement 2024. The applicant's application was successful, and the agreement was registered as a registered agreement under the Fair Work Act. The approval of the agreement provides a framework for the employer and its employees to manage their workplace relations effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established