DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kent Relocation Group Pty Ltd
(AG2015/1668)

KENT RELOCATION GROUP PTY LTD BRISBANE QLD ENTERPRISE AGREEMENT 2014-2016

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 29 JANUARY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Kent Relocation Group Pty Ltd Brisbane QLD 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 agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[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 Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2015. The nominal expiry date of the Agreement is 2 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kent Relocation Group Pty Ltd sought approval for their Enterprise Agreement for the period 2014-2016, which was subsequently contested in the Fair Work Commission. The primary issue revolved around whether the agreement satisfied the requirements of the Fair Work Act 2009, specifically concerning its fairness and compliance with the relevant statutory provisions. The Commission had to determine if the agreement, which was the result of negotiations between the employer and the employees' representatives, was genuinely bargained and met the criteria for approval.

The Fair Work Commission examined several aspects of the agreement, including whether it contained the mandated minimum terms and conditions, the processes by which the agreement was formed, and whether the agreement provided for a fair resolution of any disputes. The Commission focused on whether the agreement was made in good faith, whether it contained the required minimum terms and conditions, and if it ensured that the employees' rights and entitlements were not adversely affected. Additionally, the Commission considered if the agreement facilitated a productive workplace relationship between the employer and the employees.

The Fair Work Commission concluded that the Enterprise Agreement was fairly negotiated and met all the statutory requirements for approval. The Commission found that the agreement contained the mandated minimum terms and conditions and was in line with the provisions of the Fair Work Act 2009. The Commission also determined that the agreement provided for a fair resolution of any disputes and ensured that employees' rights and entitlements were protected. The Commission approved the Enterprise Agreement for the period 2014-2016, finding it to be fair and compliant with the relevant legislation.

The Fair Work Commission ordered the approval of the Enterprise Agreement, thereby allowing it to take effect and govern the employment conditions of the employees covered by the agreement. The decision provided clarity on the requirements for the approval of enterprise agreements and reinforced the importance of genuine bargaining and compliance with 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