DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kings Warehouse Administration Pty Ltd T/A Kings Warehousing
(AG2018/5148)

KINGS WAREHOUSE ADMINISTRATION PTY LTD ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the Kings Warehouse Administration Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kings Warehouse Administration P/L: Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kings Warehouse Administration Pty Ltd T/A Kings Warehousing. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The National Union of Workers 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 20 February 2019 and, in accordance with s.54, will operate from 27 February 2019. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kings Warehouse Administration Pty Ltd, trading as Kings Warehousing, applied to the Fair Work Commission for the approval of its Enterprise Agreement 2018. The application involved various provisions of the agreement, which aimed to regulate employment terms and conditions for employees in the warehousing industry. The dispute arose from the negotiation process and the content of the proposed agreement, which was contested by certain employee representatives.

The legal issues before the court encompassed the validity of the negotiation process, the adherence to procedural fairness, and the compliance of specific agreement provisions with relevant statutory requirements. A key issue was whether the enterprise agreement met the standards set by the Fair Work Act 2009, including the "better off overall test" which ensures that employees are not disadvantaged by the agreement. Additionally, the court needed to determine if the agreement was fairly and properly negotiated and if it met the criteria for being made in good faith.

The Fair Work Commission examined the negotiation process and found that it was conducted in accordance with the requirements of the Fair Work Act. The Commission considered evidence provided by both Kings Warehouse Administration and the employee representatives, assessing whether the agreement was negotiated fairly and in good faith. Furthermore, the Commission assessed if the proposed agreement met the "better off overall test," confirming that the agreement did not place employees at a disadvantage. The Commission concluded that the agreement was properly negotiated and met the statutory requirements, thereby approving the application for the enterprise agreement's registration.

The Fair Work Commission granted the application for approval of the Kings Warehouse Administration Pty Ltd Enterprise Agreement 2018, finding it to be in compliance with the Fair Work Act and meeting the necessary negotiation and content standards.

Kings Warehouse Administration Pty Ltd T/A Kings Warehousing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established