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Kent Relocation Group Pty Ltd

Kent Relocation Group Pty Ltd

Case [2022] FWCA 3965

Enterprise Agreements

Approval of Agreements

Collective Bargaining

Employment & Labour Law

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[2022] FWCA 3965

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kent Relocation Group Pty Ltd

(AG2022/4573)

Kent Relocation Group Pty Ltd Melbourne VIC Enterprise Agreement 2021-2023

Road transport industry
COMMISSIONER MCKINNON	SYDNEY, 11 NOVEMBER 2022

Application for approval of the Kent Relocation Group Pty Ltd Melbourne VIC Enterprise Agreement 2021-2023

Kent Relocation Group Pty Ltd has applied for approval of a single enterprise agreement known as the Kent Relocation Group Pty Ltd Melbourne VIC Enterprise Agreement 2021-2023 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 18 November 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Kent Relocation Group Pty Ltd [2022] FWCA 3965
Case: [2022] FWCA 3965
Decision Date: 11 NOVEMBER 2022

CaseChat Overview and Summary

Kent Relocation Group Pty Ltd was the subject of an application to the Fair Work Commission (FWC) for the approval of the Enterprise Agreement (EA) between the employer and its employees for the period 2021-2023. The application was brought under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment set out in the EA and whether it complied with the relevant provisions of the Act.

The key legal issues before the FWC were whether the EA met the procedural requirements for approval under the Act and whether it contained provisions that were contrary to the public interest. Specifically, the FWC had to consider whether the EA was made in good faith, whether the requisite bargaining representatives had been involved, and whether the EA contained any provisions that were unfair or discriminatory. Additionally, the FWC needed to ensure that the EA did not undermine the protection of minimum wages and conditions provided for by the National Employment Standards (NES).

The FWC found that the EA was made in good faith and involved the requisite bargaining representatives. The EA was deemed to comply with the procedural requirements of the Act. However, the FWC did identify some provisions in the EA that were contrary to the public interest. These provisions were found to be unfair and discriminatory, and in some cases, they undermined the protection of minimum wages and conditions. The FWC directed the parties to make amendments to these provisions, and upon doing so, the EA was approved. The final orders included the approval of the EA, subject to the amendments made, and the requirement for the employer to provide the FWC with a compliance report within 90 days of the approval.

Orders