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

[2018] FWCA 322

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/4247)

Kent Relocation Group Pty Ltd Adelaide SA Enterprise Agreement 2017-2019

Road transport industry
Commissioner Lee	MELBOURNE, 16 JANUARY 2018

Application for approval of the Kent Relocation Group Pty Ltd Adelaide SA Enterprise Agreement 2017-2019.

An application has been made for approval of an enterprise agreement known as the Kent Relocation Group Pty Ltd Adelaide SA Enterprise Agreement 2017-2019 (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 & Storage. The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Kent Relocation Group Pty Ltd, trading as Kent Removals & Storage, applied to the Fair Work Commission for the approval of the Enterprise Agreement 2017-2019. The applicant sought to ensure that the terms of the agreement were fair and reasonable, and that it met the requirements of the Fair Work Act 2009. The applicant argued that the agreement contained terms that were necessary to maintain the business’s competitiveness and efficiency, including provisions on wages, conditions, and other employment terms.

The legal issues that the court was required to decide included whether the agreement contained terms that were necessary to maintain the business’s competitiveness and efficiency, and whether the agreement was fair and reasonable. The court also needed to determine whether the agreement complied with the Fair Work Act 2009 and other relevant legislation.

In its decision, the court found that the agreement contained terms that were necessary to maintain the business’s competitiveness and efficiency, and that it was fair and reasonable. The court noted that the agreement provided for a fair and equitable distribution of benefits and burdens between the parties, and that it contained provisions that were necessary to maintain the business’s competitiveness and efficiency. The court also found that the agreement complied with the Fair Work Act 2009 and other relevant legislation.

The court approved the Enterprise Agreement 2017-2019, and the applicant was granted the relief it had sought. The decision provides guidance to employers and employees on the types of terms that may be included in an enterprise agreement, and the standards that must be met for an agreement to be approved by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established