Kingfisher Group Pty Ltd T/A Kingfisher Ferry Services Summary

[2013] FWCA 2752

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Kingfisher Group Pty Ltd T/A Kingfisher Ferry Services
(AG2013/6186)

KINGFISHER FERRY SERVICES PTY LTD ENTERPRISE AGREEMENT 2013

Port authorities
COMMISSIONER HAMPTON	ADELAIDE, 3 MAY 2013

Application for approval of the Kingfisher Ferry Services Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kingfisher Ferry Services Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Kingfisher Group Pty Ltd T/A Kingfisher Ferry Services. The Agreement is a single-enterprise agreement.

[2] The application for approval was accompanied by undertakings relating to clause 4 period of operation and clause 20, rates of pay. The undertakings deal with matters that may have led to approval concerns and are appended to the approved agreement.

[3] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2013. The nominal expiry date of the Agreement is 9 May 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Kingfisher Group Pty Ltd, trading as Kingfisher Ferry Services, made an application for approval of the Kingfisher Ferry Services Pty Ltd Enterprise Agreement 2013. The applicant sought to have the agreement approved under the Fair Work Act 2009. The application was made in response to a dispute regarding the terms and conditions of employment for the workers covered by the proposed agreement. The Commission was required to determine whether the agreement met the necessary criteria for approval, including whether it facilitated the improvement of the terms and conditions of employment, and whether it was certified as "bargained fairly" by an authorised bargaining agent.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval as set out in the Fair Work Act 2009. This included assessing whether the agreement facilitated the improvement of the terms and conditions of employment, was free from prohibited content, and had been certified as having been "bargained fairly". The Commission also needed to consider whether the agreement provided for the establishment of a dispute resolution procedure for resolving disputes that might arise during the term of the agreement. Additionally, the Commission was required to ensure that the agreement did not discriminate against employees on the basis of their membership or non-membership of a trade union.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement did meet the necessary criteria for approval. The agreement was certified as having been "bargained fairly" and provided for the establishment of a dispute resolution procedure. The Commission also found that the agreement did not contain any prohibited content and facilitated the improvement of the terms and conditions of employment for the workers covered by the agreement. Accordingly, the Commission approved the agreement as a registered agreement under the Fair Work Act 2009. The Commission made an order approving the agreement as a registered agreement, effective from the date of the decision.

Kingfisher Group Pty Ltd T/A Kingfisher Ferry Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established