Kelman Transport Group Pty Ltd Summary

[2023] FWCA 1403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kelman Transport Group Pty Ltd

(AG2023/1256)

KELMAN TRANSPORT GROUP PTY LTD ENTERPRISE AGREEMENT 2023

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 16 MAY 2023

Application for approval of the Kelman Transport Group Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Kelman Transport Group Pty Ltd Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 23 May 2023. The nominal expiry date of the Agreement is 15 May 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Kelman Transport Group Pty Ltd, a transport company, and its employees. The matter was before the Fair Work Commission (FWC), which was asked to approve an enterprise agreement between the company and its employees. The FWC was required to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The employees were represented by a union, and the company was represented by its management.

The primary legal issue before the FWC was whether the enterprise agreement contained all the mandatory terms required by the Fair Work Act, and whether it complied with the "better off overall test." This test requires that the proposed agreement must be at least as good as the applicable award or other relevant industrial instrument in terms of pay and conditions. The FWC also had to consider whether the agreement provided for proper dispute resolution mechanisms and whether it met the requirements for employee participation in the bargaining process.

In examining the agreement, the FWC found that it included all the necessary mandatory terms and complied with the better off overall test. The FWC also determined that the agreement provided for appropriate dispute resolution mechanisms and that the bargaining process had been conducted fairly and in good faith. As a result, the FWC approved the enterprise agreement, finding that it met all the legal requirements for approval.

The FWC's approval of the enterprise agreement means that it will now be binding on the employees and the company. The agreement sets out the terms and conditions of employment for the employees, including their pay and hours of work. The agreement also includes provisions for dispute resolution and employee participation in the workplace. The final orders of the FWC were that the enterprise agreement be approved and registered with the Fair Work Commission.

Kelman Transport Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established