DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kel Campbell Pty Limited
(AG2018/5456)

KEL CAMPBELL PTY LIMITED DEPOT DRIVERS' AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 APRIL 2019

Application for approval of the Kel Campbell Pty Limited Depot Drivers' Agreement 2018.

[1] Kel Campbell Pty Limited has made an application for approval of an enterprise agreement known as the Kel Campbell Pty Limited Depot Drivers’ Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Transport Workers’ Union of Australia 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 12 April 2019 and, in accordance with s 54, will operate from 17 April 2019. The nominal expiry date of the Agreement is 12 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kel Campbell Pty Limited, a company involved in the road transport industry, sought approval for the Kel Campbell Pty Limited Depot Drivers' Agreement 2018. The applicant argued that the agreement, which was a result of bargaining between the company and the drivers' union, was in the best interests of the drivers and the business. The matter was heard by the Fair Work Commission, which needed to determine whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issue was whether the agreement was a genuine enterprise agreement as defined by the Fair Work Act. The applicant had to demonstrate that the agreement was made in good faith, that the bargaining process was genuine, and that the agreement covered the relevant employees. The union also needed to provide evidence that the drivers had been appropriately consulted and that the agreement had been approved by a majority of the drivers. The Fair Work Commission was required to assess whether the applicant had met these criteria.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties, including the details of the bargaining process, the consultation with the drivers, and the approval process. The Commission found that the agreement was genuinely made in good faith and that the bargaining process was genuine. The Commission also determined that the agreement was made with the appropriate level of consultation and had been approved by the required majority of drivers. Therefore, the Fair Work Commission approved the agreement, finding that it met the requirements of the Fair Work Act.

The Fair Work Commission's decision was that the Kel Campbell Pty Limited Depot Drivers' Agreement 2018 was a genuine enterprise agreement and was approved. The Commission issued a certificate of registration for the agreement, which would now be in effect and binding on the parties.

Kel Campbell Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established