DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KDR Gold Coast Pty Ltd
(AG2020/3554)

KDR GOLD COAST PTY LTD ENTERPRISE AGREEMENT 2020

Rail industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 DECEMBER 2020

Application for approval of the KDR Gold Coast Pty Ltd Enterprise Agreement 2020.

[1] 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 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 Australian Rail, Tram and Bus Industry Union 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 11 December 2020 and, in accordance with s 54, will operate from 18 December 2020. The nominal expiry date of the Agreement is 11 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

KDR Gold Coast Pty Ltd is the applicant in this case, seeking approval of the 2020 Enterprise Agreement. The application was made under the Fair Work Act 2009. The respondents included various trade unions. The nature of the dispute was whether the proposed agreement met the criteria for approval as a "simple, low risk agreement" under the Act. The Fair Work Commission heard the matter.

The primary legal issues before the Commission were whether the agreement was "low risk" and whether it complied with the requirements of the Act. The Commission considered whether the agreement adequately protected employees' rights, including minimum wage rates, penalty rates, leave entitlements, and other conditions of employment. Additionally, the Commission assessed whether the agreement provided a fair and reasonable framework for resolving workplace disputes.

In reaching its decision, the Commission examined the provisions of the proposed agreement and the submissions made by the parties. The Commission determined that the agreement was low risk because it did not propose any significant changes to existing terms and conditions of employment. It also found that the agreement provided adequate protections for employees, including minimum wage rates, penalty rates, and leave entitlements. The Commission concluded that the agreement was fair and reasonable and met the criteria for approval under the Act.

Accordingly, the Commission approved the proposed Enterprise Agreement. The Commission noted that the agreement would provide a stable and predictable framework for resolving workplace disputes and promoting harmonious industrial relations between the parties. The approval of the agreement will provide certainty and predictability for both employers and employees in the gold coast region.

KDR Gold Coast Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established