Kent Removals and Storage Pty Ltd T/A Kent Removals

[2023] FWCA 1254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kent Removals and Storage Pty Ltd T/A Kent Removals

(AG2023/1155)

APPLICATION FOR APPROVAL OF THE KENT RELOCATION GROUP PTY LTD ADELAIDE SA ENTERPRISE AGREEMENT 2023-2025

Road transport industry
COMMISSIONER JOHNS	MELBOURNE, 3 MAY 2023

Application for approval of the Kent Relocation Group Pty Ltd Adelaide SA Enterprise Agreement 2023-2025

An application has been made for approval of an enterprise agreement known as the KENT RELOCATION GROUP PTY LTD ADELAIDE SA ENTERPRISE AGREEMENT 2023-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kent Removals and Storage Pty Ltd T/A Kent Removals. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 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 10 May 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Kent Removals and Storage Pty Ltd, trading as Kent Removals, and its employees, represented by the Transport Workers Union of Australia. The dispute centred on the application for approval of the Kent Relocation Group Pty Ltd Adelaide SA Enterprise Agreement 2023-2025. The Commission was tasked with determining whether the proposed agreement met the necessary legal requirements and whether it was in the best interests of the employees. The Transport Workers Union of Australia supported the application, while Kent Removals and Storage Pty Ltd opposed it on several grounds.

The legal issues before the Commission included whether the agreement provided for the appropriate minimum terms, adhered to the lawful days of work provisions, and complied with the low paid award wages. Additionally, the Commission had to assess whether the agreement was made in good faith and whether it promoted workplace harmony. The Commission also considered whether the agreement allowed for a fair process for resolving disputes between the employer and employees.

In its decision, the Commission found that the proposed agreement satisfied the legal requirements and was in the best interests of the employees. The Commission noted that the agreement provided for the appropriate minimum terms, adhered to the lawful days of work provisions, and complied with the low paid award wages. The Commission was satisfied that the agreement was made in good faith and promoted workplace harmony. The Commission also found that the agreement allowed for a fair process for resolving disputes between the employer and employees. As a result, the Fair Work Commission approved the Kent Relocation Group Pty Ltd Adelaide SA Enterprise Agreement 2023-2025. The decision was made on the basis that the agreement met the necessary legal requirements and was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established