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

Annexure A

CaseChat Overview and Summary

The applicant, Kent Relocation Group Pty Ltd, trading as Kent Removals & Storage, applied for approval of the Perth WA Enterprise Agreement 2019-2022. The application was made under the Fair Work Act 2009, and the application was heard by the Full Bench of the Federal Circuit and Family Court of Australia. The applicant sought approval for the enterprise agreement, which was negotiated between the applicant and various unions representing the employees of the company.

The legal issues before the court involved whether the enterprise agreement complied with the provisions of the Fair Work Act, including whether it met the requirements of a certified agreement, and if the agreement was in the best interests of the employees. The court had to consider whether the agreement provided fair and reasonable terms for the employees, and if it contained any terms that would have an adverse effect on the employees' general conditions of employment.

The court found that the enterprise agreement was compliant with the Fair Work Act, but noted that there were some minor errors that required correction. The court accepted that the agreement provided fair and reasonable terms for the employees, and that it did not have any adverse effect on the general conditions of employment. The court also found that the applicant had made an undertaking to correct any errors in the agreement, and that the agreement was in the best interests of the employees. The court approved the enterprise agreement with some minor corrections to be made by the applicant. The court also noted that any future disputes between the applicant and the unions would be dealt with in accordance with the Fair Work Act.

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