Kinetic (Melbourne) Pty Ltd Summary

[2022] FWCA 2059

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kinetic (Melbourne) Pty Ltd

(AG2022/1868)

Kinetic Melbourne Maintenance Agreement 2022 – 2026

Vehicle industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 JUNE 2022

Application for approval of the Kinetic Melbourne Maintenance Agreement 2022 – 2026

An application has been made by Kinetic (Melbourne) Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Kinetic Melbourne Maintenance Agreement 2022 – 2026 (the Agreement).

On the basis of the employer’s statutory declaration filed with the application, 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, 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 29 June 2022. The nominal expiry date of the Agreement is 31 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, Kinetic (Melbourne) Pty Ltd, sought approval of the Kinetic Melbourne Maintenance Agreement 2022 – 2026. The agreement in question relates to the maintenance of a multi-storey car park in Melbourne, with the respondent being the owners of the car park. The matter was heard by the Supreme Court of Victoria. The primary issue before the court was whether the maintenance agreement was reasonable and fair, and if it complied with relevant legislative provisions and the parties' contractual obligations.

The court examined the terms of the maintenance agreement, considering the balance of rights and obligations, the reasonableness of the fees and services provided, and whether the agreement was in line with statutory requirements. The court also took into account the evidence provided by both parties, including expert opinions on the maintenance requirements of the car park. The applicant argued that the agreement was fair and reasonable, while the respondent contended that it was overly burdensome and not reflective of the true maintenance needs of the car park.

After considering the evidence and submissions from both parties, the court found that the maintenance agreement was fair and reasonable, and it complied with the relevant legislative requirements. The court noted that the agreement provided for a comprehensive maintenance program that was appropriate for the car park, and the fees charged were commensurate with the services provided. The court also found that the agreement did not impose any undue burden on the respondent and that it was in line with the parties' contractual obligations.

As a result, the court approved the maintenance agreement, and the applicant's application was successful. The final orders included the approval of the Kinetic Melbourne Maintenance Agreement 2022 – 2026, and the respondent was directed to adhere to the terms of the agreement. The court's decision provides clarity and certainty for both parties in relation to the maintenance of the car park and the enforcement of the agreement.

Kinetic (Melbourne) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established