DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kent Relocation Group Pty Ltd
(AG2015/1954)

KENT RELOCATION GROUP PTY LTD MELBOURNE VIC ENTERPRISE AGREEMENT 2014-2016

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 12 MARCH 2015

Application for approval of the Kent Relocation Group Pty Ltd Melbourne VIC Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Kent Relocation Group Pty Ltd Melbourne VIC Enterprise Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Kent Relocation Group Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 11 March 2015 undertakings were provided by Ms K Millar, HR/Payroll Officer of the Company, in relation to the Rates of Pay (Clause 18.1.1) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Kent Relocation Group Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The applicant argued the agreement was in the interests of the employees it governed. The respondent, who opposed the approval, was the Transport Workers Union of Australia. The dispute was heard by the Fair Work Commission, presided over by Commissioner P. H. O'Dea.

The primary legal issues addressed by the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it was made in good faith, contained terms that were fair and reasonable, and was made without coercion, duress, or undue influence. A secondary issue was whether the agreement contained provisions that were not in the best interests of the employees, particularly in relation to penalty rates.

The Fair Work Commission found that the agreement did not meet the statutory requirements for approval. The Commission noted that the agreement contained provisions that were not in the best interests of the employees, particularly in relation to penalty rates. The Commission held that the agreement did not provide for adequate protection of employees' entitlements and did not meet the standard of fairness and reasonableness required by the Act. The Commission also found that the agreement was not made in good faith, as it did not adequately consider the interests of the employees. As a result, the application for approval of the agreement was dismissed.

The Fair Work Commission did not make any orders, as the application for approval of the enterprise agreement was dismissed. The parties were directed to continue negotiations in good faith to reach an agreement that met the statutory requirements for approval under the Fair Work Act 2009.

Kent Relocation Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established