Kings Consolidated Group T/A National Fleet Administration Services Pty Ltd Summary

[2023] FWCA 792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kings Consolidated Group T/A National Fleet Administration Services Pty Ltd

(AG2023/447)

National Fleet Administrative Services P/L: and Transport Workers Union of NSW and NSW Company Drivers Enterprise Agreement 2022

Road transport industry
COMMISSIONER JOHNS	MELBOURNE, 14 MARCH 2023

Application for approval of the National Fleet Administrative Services P/L: and Transport Workers Union of NSW and NSW Company Drivers Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the National Fleet Administrative Services P/L: and Transport Workers Union of NSW and NSW Company Drivers Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kings Consolidated Group T/A National Fleet Administration Services Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Transport Workers’ Union of Australia being 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 21 March 2023. The nominal expiry date of the Agreement is 13 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kings Consolidated Group T/A National Fleet Administration Services Pty Ltd was the applicant seeking the court's approval of the National Fleet Administrative Services P/L and Transport Workers Union of NSW and NSW Company Drivers Enterprise Agreement 2022. The application was brought before the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements to ensure they meet the requirements of the Fair Work Act 2009. The court needed to determine whether the agreement was in the best interests of the employees and if it met all the necessary criteria for approval.

The primary legal issue before the court was whether the enterprise agreement provided genuine benefits to the employees and complied with the statutory requirements outlined in the Fair Work Act. This included ensuring the agreement contained minimum terms and conditions, was free from any unfair content, and was certified by the relevant union. The court also needed to consider if the agreement was made in good faith and if it provided appropriate mechanisms for dispute resolution.

The Fair Work Commission found that the enterprise agreement provided genuine benefits to the employees and complied with the statutory requirements. The court acknowledged the efforts made by the parties to negotiate the agreement in good faith and found that it contained minimum terms and conditions as well as appropriate dispute resolution mechanisms. The court was satisfied that the agreement was fair and reasonable, and therefore approved it.

The Fair Work Commission granted the application and approved the National Fleet Administrative Services P/L and Transport Workers Union of NSW and NSW Company Drivers Enterprise Agreement 2022. The court emphasised the importance of enterprise agreements in promoting harmonious workplace relations and providing fair and reasonable terms and conditions for employees. The approval of the agreement will provide certainty and stability for the employees and the employer, and it is expected that it will contribute to a productive and cooperative working environment.

Kings Consolidated Group T/A National Fleet Administration Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established