DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kings Warehouse Administration Pty Ltd T/A Kings Warehousing
(AG2015/4310)

KINGS WAREHOUSE ADMINISTRATION PTY LTD ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 31 AUGUST 2015

Application for approval of the Kings Warehouse Administration Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kings Warehouse Administration Pty Ltd Enterprise Agreement 2015 (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 Applicant 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, 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 31 August 2015 and, in accordance with s.54, will operate from 7 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Kings Warehouse Administration Pty Ltd, trading as Kings Warehousing, applied for approval of the Kings Warehouse Administration Pty Ltd Enterprise Agreement 2015, which was opposed by the Transport Workers Union of Australia. The dispute was heard in the Fair Work Commission. The primary legal issues the court had to address were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, including the provisions for procedural fairness and whether it met the criteria for approval as a single interest employer agreement.

The court examined the procedural fairness of the agreement, considering whether employees had a reasonable opportunity to be involved in the bargaining process and whether the agreement was genuinely negotiated. The court found that the bargaining process was conducted in a manner that allowed for meaningful participation and negotiation. The agreement was determined to be genuinely negotiated as it contained terms and conditions of employment that reflected the outcome of the bargaining process. Additionally, the court considered whether the agreement met the criteria for approval, including whether it provided for the protection of employees' interests and whether it was in the best interests of the employees.

The court concluded that the enterprise agreement was procedurally fair and genuinely negotiated. It found that the agreement provided for the protection of employees' interests and was in their best interests. The court approved the enterprise agreement, emphasising the importance of the bargaining process and the need for agreements to be genuinely negotiated and in the best interests of employees.

The final order of the court was the approval of the Kings Warehouse Administration Pty Ltd Enterprise Agreement 2015. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take necessary steps to implement the agreement.

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