Kinetic Fleet Services Pty Ltd

[2021] FWCA 6872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kinetic Fleet Services Pty Ltd
(AG2021/8314)

KINETIC FLEET SERVICES - GOLD COAST - ENTERPRISE AGREEMENT 2021

Vehicle industry
DEPUTY PRESIDENT EASTON	SYDNEY, 26 NOVEMBER 2021

Application for approval of the Kinetic Fleet Services - Gold Coast - Enterprise Agreement 2021.

[1] Kinetic Fleet Services Pty Ltd (the Employer) has made an application for the approval of the Kinetic Fleet Services - Gold Coast - Enterprise Agreement 2021 (the Agreement). The application was made under 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 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) was a bargaining representative for the Agreement and 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 AMWU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2021. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kinetic Fleet Services Pty Ltd was the subject of an application for the approval of the Kinetic Fleet Services – Gold Coast – Enterprise Agreement 2021. The applicant sought the approval of the enterprise agreement under the Fair Work Act 2009, which was opposed by the Australian Services Union. The Fair Work Commission heard the matter and needed to determine whether the agreement met the statutory requirements for approval.

The primary legal issue was whether the enterprise agreement complied with the Fair Work Act, particularly focusing on whether it provided for a fair and efficient way of determining the terms and conditions of employment. A secondary issue was whether the agreement contained any provisions that were contrary to public policy or otherwise unenforceable.

The Commission found that the agreement met the statutory requirements for approval. The agreement contained provisions for a fair and efficient way of determining terms and conditions, including provisions for minimum wages, penalty rates, and leave entitlements. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or otherwise unenforceable. The application was therefore approved.

The Fair Work Commission approved the Kinetic Fleet Services – Gold Coast – Enterprise Agreement 2021. The agreement is now legally binding on the parties and will apply to the employees covered by the agreement. The Commission's decision provides clarity on the requirements for approving an enterprise agreement and the types of provisions that may be included in such an agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established