Kings Group T/A National Fleet Administration Services Summary

[2022] FWCA 2555

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kings Group T/A National Fleet Administration Services

(AG2022/2298)

National Fleet Administrative Services P/L: QLD Company Drivers Enterprise Agreement 2022

Road transport industry
COMMISSIONER SIMPSON	BRISBANE, 9 AUGUST 2022

Application for approval of the National Fleet Administrative Services P/L: QLD 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: QLD 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 Group T/A National Fleet Administration Services (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached as 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.

Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Kings Group T/A National Fleet Administrative Services, which sought approval for the National Fleet Administrative Services P/L: QLD Company Drivers Enterprise Agreement 2022. The matter was heard by the Fair Work Commission. The primary dispute centred around whether the proposed enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009. Specifically, the applicant needed to demonstrate that the agreement was made in good faith, free from coercion or undue influence, and that it provided for a fair and efficient workplace.

The court had to consider several legal issues, including whether the agreement was negotiated in good faith and whether it included all necessary provisions as stipulated by the Fair Work Act. Additionally, the court examined if the agreement provided for fair and efficient terms, including those related to pay and conditions. The applicant needed to prove that the agreement was the result of genuine negotiations and that it was fair and efficient, taking into account the broader economic context.

The Fair Work Commission found that the agreement was made in good faith, without coercion, and that it contained all necessary provisions. The Commission concluded that the agreement provided for fair and efficient terms, including pay and conditions, which were appropriate given the economic context. Consequently, the court approved the National Fleet Administrative Services P/L: QLD Company Drivers Enterprise Agreement 2022. The decision highlighted the importance of good faith negotiations and the comprehensiveness of the agreement in meeting the statutory requirements.

Kings Group T/A National Fleet Administration Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established