DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Krueger Transport Equipment Pty Ltd T/A Krueger Transport Equipment
(AG2016/6688)

KRUEGER TRANSPORT EQUIPMENT PTY LTD ENTERPRISE AGREEMENT 2016 - 2019

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 28 NOVEMBER 2016

Application for approval of the Krueger Transport Equipment Pty Ltd Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Krueger Transport Equipment Pty Ltd Enterprise Agreement 2016 – 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Krueger Transport Equipment Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Manufacturing Workers Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2016. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Krueger Transport Equipment Pty Ltd trading as Krueger Transport Equipment, applied for the approval of its enterprise agreement for the period 2016-2019 under section 186 of the Fair Work Act 2009. The Fair Work Commission was the court in this case. The applicant sought to have the agreement, which was negotiated with various unions, approved as a registered agreement. The dispute centred around whether the agreement complied with the legal requirements set out in the Fair Work Act and whether it was fair and reasonable in all its aspects.

The Commission had to determine whether the agreement met the necessary criteria for approval, including if it was made in good faith and without coercion, and if it contained the prescribed terms and conditions. Additionally, the Commission needed to consider whether the agreement complied with the provisions concerning employee representation and if it provided for a fair and reasonable outcome for all parties involved. The applicant argued that the agreement was the result of genuine negotiations and contained provisions that were fair and reasonable for both employers and employees.

The Fair Work Commission found that the agreement met the requirements for approval. The Commission noted that the agreement was negotiated in good faith and without coercion, and that it contained the prescribed terms and conditions. The Commission was satisfied that the agreement provided for fair and reasonable outcomes for all parties, and that it complied with the provisions concerning employee representation. Therefore, the Commission approved the Krueger Transport Equipment Pty Ltd Enterprise Agreement 2016-2019 as a registered agreement.

Krueger Transport Equipment Pty Ltd T/A Krueger Transport Equipment

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established