KDR Gold Coast Pty Ltd
[2024] FWCA 1944
•28 MAY 2024
| [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
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