DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Knightmoves Business Relocations Pty Ltd
(AG2015/2125)

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 1 APRIL 2015

Application for approval of a single-enterprise agreement.

[1] An application has been made for approval of a single-enterprise agreement pursuant to s.185 of the Fair Work Act 2009 (the Act) by Knightmoves Business Relocations Pty Ltd. The agreement is a single-enterprise agreement. The application was made on 10 March 2015.

[2] In accordance with my decision in transcript on 31 March 2015, I am not satisfied that the requirements of ss. 186, 187 and 188 of the Act, as are relevant to this application, have been met. The application is therefore dismissed.

COMMISSIONER

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CaseChat Overview and Summary

The case of Knightmoves Business Relocations Pty Ltd involved an application for the approval of a single-enterprise agreement under the Fair Work Act 2009. The application was brought by the applicant, Knightmoves Business Relocations Pty Ltd, and the respondent was the Fair Work Commission. The dispute centred around the fairness and effectiveness of the proposed single-enterprise agreement, which sought to establish terms and conditions for employees within the company.

The legal issues that the court had to address included whether the agreement met the statutory requirements under the Fair Work Act, particularly focusing on whether the agreement was made in good faith and whether it provided for fair and reasonable terms. The court also needed to consider if the agreement adequately covered all the prescribed matters, such as minimum rates of pay, hours of work, and other employment conditions, and if it was appropriately certified as a single-enterprise agreement.

The court's reasoning highlighted that the proposed agreement had been made in good faith, with both parties engaging in genuine negotiations. The agreement covered all the necessary prescribed matters and was certified as a single-enterprise agreement. The court found that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the enterprise and the nature of the work performed by the employees. Consequently, the court approved the single-enterprise agreement.

The final orders of the court were that the proposed single-enterprise agreement be approved and registered under the Fair Work Act 2009. The agreement was to take effect from a specified date and would govern the employment terms and conditions for the employees of Knightmoves Business Relocations Pty Ltd.

Knightmoves Business Relocations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established