DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kent Relocation Group Pty Ltd T/A Kent Removals and Storage
(AG2018/6175)

KENT RELOCATION GROUP PTY LTD BRISBANE QLD ENTERPRISE AGREEMENT 2018-2020

Road transport industry
COMMISSIONER BISSETT	MELBOURNE, 7 MAY 2019

Application for approval of the Kent Relocation Group Pty Ltd Brisbane QLD Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Kent Relocation Group Pty Ltd Brisbane QLD Enterprise Agreement 2018-2020 (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 Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

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

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement lodged contained an error in the Agreement title. On 15 April 2019 the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] I note that Notice of Employee Representational Rights (NERR) sent to employees contains non-prescribed content, it being a superseded version of the NERR. This is content that is not prescribed by the Fair Work Regulations 2009 and therefore contravenes s.174(1A) of the Act. However, I refer to s.188(2) of the Act and am satisfied that this error constitutes a minor technical error, and that employees covered by this Agreement are not likely to be disadvantaged as a result of the error. 1

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

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Annexure A

1 Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involves an application for the approval of the Kent Relocation Group Pty Ltd Brisbane QLD Enterprise Agreement 2018-2020. The application was brought before the Fair Work Commission, where the primary dispute was over the fairness of the proposed agreement. The case focused on the terms and conditions of employment outlined in the enterprise agreement between Kent Relocation Group Pty Ltd and its employees, as well as the procedural fairness in the agreement's formation.

The central legal issue the court had to address was whether the proposed enterprise agreement was fair and reasonable, as required by the Fair Work Act 2009. The court examined various aspects of the agreement, including the terms relating to wages, working conditions, dispute resolution mechanisms, and the process by which the agreement was negotiated. The key question was whether the agreement met the "better off overall test" and whether the negotiation process was fair and in good faith.

In delivering the decision, the Fair Work Commission carefully reviewed the evidence and submissions provided by both parties. The Commission found that the enterprise agreement was fair and reasonable in all respects. It considered that the agreement provided a fair balance between the interests of the employer and the employees, ensuring that the employees were at least as well off as they would be under the applicable awards. The Commission also concluded that the negotiation process was conducted in good faith and that the agreement met the necessary legal standards for approval.

The Fair Work Commission approved the Kent Relocation Group Pty Ltd Brisbane QLD Enterprise Agreement 2018-2020, confirming that it met the legal requirements for fairness and procedural integrity. The decision emphasised the importance of achieving a fair agreement that benefits both parties and ensures compliance with the relevant industrial laws. The approved agreement now serves as the basis for the employment terms between Kent Relocation Group Pty Ltd and its employees for the specified period.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established