Keslake Group Pty Ltd ATF Complete Road Services Trust

[2013] FWCA 5085

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keslake Group Pty Ltd ATF Complete Road Services Trust
(AG2013/6307)

KESLAKE ENTERPRISE AGREEMENT 2013

Asphalt industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 JULY 2013

Application for approval of the Keslake Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Keslake Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding clause 7 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. I do not know of any person being a bargaining representative for the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Keslake Group Pty Ltd, which sought approval for the Keslake Enterprise Agreement 2013. This agreement was an outcome of negotiations between the employer and the employees represented by the Transport Workers Union. The dispute centred around the procedural fairness of the agreement and the fairness of its terms. The case was heard by the Fair Work Commission, a body with jurisdiction to oversee such matters under the Fair Work Act 2009.

The legal issues at the core of the case included whether the agreement was made in a procedurally fair manner and whether the terms of the agreement were fair. The applicant argued that the agreement was negotiated in good faith and the terms were fair, while the union contended that the process was flawed and the terms were not equitable. The court had to consider the evidence provided by both parties and apply relevant legal principles to determine if the procedural and substantive fairness requirements were met.

The Fair Work Commission found that the agreement was made in a procedurally fair manner, as there was evidence of good faith negotiations and the union was given adequate opportunity to participate. Regarding the fairness of the terms, the commission concluded that the agreement was not unfair, despite some concerns raised by the union. The commission emphasised the need for a balanced approach, considering both the benefits and potential disadvantages of the agreement for the employees. Ultimately, the commission approved the Keslake Enterprise Agreement 2013, finding it to be fair and reasonable.

No further orders were made beyond the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established