Kent Relocation Group Pty Ltd T/A Kent Removals and Storage Summary

[2014] FWCA 5494

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Kent Relocation Group Pty Ltd T/A Kent Removals and Storage
(AG2014/8523)

KENT RELOCATION GROUP PTY LTD PERTH WA ENTERPRISE AGREEMENT 2013-2016

Storage services
COMMISSIONER ROE	MELBOURNE, 12 AUGUST 2014

Application for approval of the Kent Relocation Group Pty Ltd Perth WA Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Kent Relocation Group Pty Ltd Perth WA Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kent Relocation Group Pty Ltd T/A Kent Removals and Storage (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[5] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2014. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Kent Relocation Group Pty Ltd, trading as Kent Removals and Storage, and the Fair Work Commission. The nature of the dispute was an application for the approval of the Kent Relocation Group Perth WA Enterprise Agreement 2013-2016. The matter was heard in the Fair Work Commission, which has jurisdiction over matters concerning employment agreements and workplace relations in Australia.

The primary legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. Specifically, the court needed to determine if the agreement provided fair and reasonable terms and conditions of employment, and if it was appropriately negotiated and contained the necessary minimum terms as prescribed by the Act.

The court found that the agreement met the statutory requirements of the Fair Work Act 2009. It included all the minimum terms mandated by the Act and was appropriately negotiated. The court also considered the interests of the employees, noting that the agreement provided for fair and reasonable terms and conditions. The court determined that the agreement was in the best interests of the employees and approved the application for the agreement's registration.

Consequently, the Fair Work Commission approved the application for the registration of the Kent Relocation Group Perth WA Enterprise Agreement 2013-2016. The agreement was deemed to be fair, reasonable, and appropriately negotiated, meeting the statutory requirements and the interests of the employees.

Kent Relocation Group Pty Ltd T/A Kent Removals and Storage

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established