DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kent Relocation Group Pty Ltd T/A Kent Removals & Storage
(AG2016/7149)

KENT RELOCATION GROUP PTY LTD PERTH WA ENTERPRISE AGREEMENT 2016-2019

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 23 JANUARY 2017

Application for approval of the Kent Relocation Group Pty Ltd Perth WA Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Kent Relocation Group Pty Ltd Perth WA Enterprise Agreement 2016-2019 (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.

[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] 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.

[4] The Agreement contained a minor cross-referencing error at clause 12.10. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in this case were Kent Relocation Group Pty Ltd T/A Kent Removals & Storage and its employees. The dispute revolved around the approval of the Enterprise Agreement 2016-2019. The case was heard in the Fair Work Commission. The legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically if it complied with the requirements for good faith bargaining, and if it met the genuine agreement test.

The Fair Work Commission assessed the evidence presented and determined that the agreement was made in good faith and met the genuine agreement test. The Commission found that the agreement was fair and reasonable, and that the parties had genuinely agreed to its terms. The Commission also noted that the agreement provided for a fair and reasonable outcome for both parties, and that it complied with all relevant provisions of the Fair Work Act 2009. Based on these findings, the Commission approved the Enterprise Agreement 2016-2019.

The court's decision was based on the evidence presented and the legal criteria for approval of an enterprise agreement. The Commission found that the agreement met the criteria for approval and was fair and reasonable. The Commission approved the agreement, which will now be in effect for the period 2016-2019. The final orders of the court were that the Enterprise Agreement 2016-2019 be approved and registered with the Fair Work Commission.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established