Keys Bros Holdings Pty Ltd Trading AS Keys The Moving Solution Summary

[2025] FWCA 2310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Keys Bros Holdings Pty Ltd Trading AS Keys The Moving Solution

(AG2025/1732)

KEYS THE MOVING SOLUTION PTY LTD, AND PERTH MOVING GROUP PTY LTD, ENTERPRISE AGREEMENT 2024

Road transport industry
COMMISSIONER SIMPSON	BRISBANE, 11 JULY 2025

Application for approval of the Keys The Moving Solution PTY LTD, and Perth Moving Group PTY LTD, Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Keys The Moving Solution PTY LTD, and Perth Moving Group PTY LTD, Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Keys Bros Holdings Pty Ltd Trading as Keys The Moving Solution (the Applicant). The Agreement is a single enterprise agreement.

The application was required to be filed within 14 days after it was made on 29 April 2025 in accordance with s.185(3) of the Act. As it was not filed until 5 June 2025, it was filed 23 day after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.

I note that there was a minor discrepancy between the title of the proposed agreement in the Notice of Employee Representational Rights (NERR) and the Agreement. I regard this as a minor technical error within the meaning of s.188(5). I am satisfied that the employees were not likely to have been disadvantaged by the error and that the error can therefore be disregarded under that section.

The Applicant has provided written undertakings. 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 requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Road Transport and Distribution Award 2020 and Road Transport (Long Distance Operations) Award 2020 are taken to be terms of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

Keys Bros Holdings Pty Ltd, trading as Keys The Moving Solution, and Perth Moving Group Pty Ltd were the applicants in an application to the Fair Work Commission for approval of their Enterprise Agreement 2024. The application came before the Commission, which had to determine whether the agreement met the requirements of the Fair Work Act 2009. The applicants sought to have the agreement approved under the simplified bargaining process, which allows for the approval of agreements that meet certain criteria without a formal ballot of employees.

The central legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, particularly in relation to the simplified bargaining process. The Commission needed to consider whether the agreement met the criteria for approval under section 174 of the Act, including whether it provided for minimum terms and conditions of employment, did not discriminate against employees, and did not undermine the operation of the Act. Additionally, the Commission assessed whether the applicants had adequately notified and consulted with the employees and whether the agreement was made in good faith.

In reaching its decision, the Commission considered the evidence and submissions provided by the applicants. It noted that the proposed agreement included provisions for minimum terms and conditions of employment, such as minimum wages, penalty rates, and leave entitlements. The Commission also found that the applicants had provided adequate notification and consultation to the employees. The Commission was satisfied that the agreement was made in good faith and did not undermine the operation of the Act. Based on these findings, the Commission approved the Enterprise Agreement 2024 under the simplified bargaining process.

The Fair Work Commission approved the Enterprise Agreement 2024 between Keys Bros Holdings Pty Ltd, trading as Keys The Moving Solution, and Perth Moving Group Pty Ltd. The approval was granted under the simplified bargaining process, recognising that the agreement met the statutory requirements and provided for fair and reasonable terms and conditions of employment. The decision underscores the importance of ensuring that enterprise agreements comply with the Fair Work Act and are made in good faith, with adequate consultation and notification to employees.

Keys Bros Holdings Pty Ltd Trading AS Keys The Moving Solution

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established