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

[2020] FWCA 4027

[2020] FWCA 4027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kent Relocation Group Pty Ltd T/A Kent Removals & Storage
(AG2020/1635)

KENT RELOCATION GROUP PTY LTD PERTH WA ENTERPRISE AGREEMENT 2019-2022

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 4 AUGUST 2020

Application for approval of the Kent Relocation Group Pty Ltd Perth WA Enterprise Agreement 2019-2022 – Agreement approved with undertakings – s 586 corrections.

[1] Kent Relocation Group Pty Ltd T/A Kent Removals & Storage has made an application for the approval of an enterprise agreement known as the Kent Relocation Group Pty Ltd Perth WA Enterprise Agreement 2019-2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Applicant sought to amend the application to correct cross referencing errors, where the Agreement incorrectly identified clauses of the Road Transport and Distribution Award 2010. Amendments to the signature page of the agreement were also sought. A corrected copy of the agreement was filed. I consider the amendments appropriate under s 586(a) of the Act and, as such, allow them.

[6] The Transport Workers’ Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[7] The Agreement was approved on 4 August 2020 and, in accordance with s 54, will operate from 11 August 2020. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE508631  PR721456>

Annexure A