Kinetic (Melbourne) Pty Ltd

[2022] FWCA 2523

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kinetic (Melbourne) Pty Ltd

(AG2022/2304)

Kinetic Melbourne Bus Driver Enterprise Agreement 2022-2025

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 JULY 2022

Application for approval of the Kinetic Melbourne Bus Driver Enterprise Agreement 2022 – 2025

An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Kinetic (Melbourne) Pty Ltd for approval of a single enterprise agreement known as the Kinetic Melbourne Bus Driver Enterprise Agreement 2022 – 2025 (the 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 Transport Workers’ Union of Australia, 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kinetic (Melbourne) Pty Ltd, sought approval of the Kinetic Melbourne Bus Driver Enterprise Agreement 2022-2025. The dispute arose when the applicant's proposed agreement did not meet the requirements of the Fair Work Act 2009, and therefore required approval from the Fair Work Commission. The Commission had to determine whether the proposed agreement met the necessary criteria and if it was in the best interests of the employees.

The primary legal issue was whether the proposed enterprise agreement met the criteria outlined in the Fair Work Act 2009. This included ensuring that the agreement provided for the minimum entitlements of employees, allowed for genuine bargaining, and was in the best interests of the employees. The court also had to consider whether the agreement was in line with the Fair Work (Registered Organisations) Act 2009.

The Commission found that the proposed enterprise agreement met the criteria set out in the Fair Work Act 2009. It provided for the minimum entitlements of employees and allowed for genuine bargaining. The Commission also found that the agreement was in the best interests of the employees, as it provided for a number of benefits, including increased wages and improved working conditions. The Commission approved the agreement and made orders accordingly.

The Commission made orders approving the Kinetic Melbourne Bus Driver Enterprise Agreement 2022-2025, and the applicant was granted leave to apply for the approval of the agreement. The court found that the agreement was in the best interests of the employees and met the necessary criteria. The agreement was therefore approved, and the applicant was able to proceed with implementing the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established