DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Krueger Transport Equipment Pty Ltd T/A Krueger Transport Equipment
(AG2020/2760)

KRUEGER TRANSPORT EQUIPMENT PTY LTD ENTERPRISE AGREEMENT 2020-2023

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 5 NOVEMBER 2020

Application for approval of the Krueger Transport Equipment Pty Ltd Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Krueger Transport Equipment Pty Ltd Enterprise Agreement 2020-2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Krueger Transport Equipment Pty Ltd T/A Krueger Transport Equipment (Employer). 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, 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 undertakings are taken to be terms of the Agreement.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2020. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Krueger Transport Equipment Pty Ltd, trading as Krueger Transport Equipment, which sought approval of an enterprise agreement under the Fair Work Act 2009. The Fair Work Commission heard the matter and was required to determine whether the agreement complied with the statutory requirements for approval. The crux of the dispute centred on whether the agreement sufficiently addressed the conditions of employment, including wages, hours of work, and other terms and conditions as mandated by the Act.

The primary legal issue before the Commission was whether the enterprise agreement met the necessary criteria for approval under section 232 of the Fair Work Act. This involved assessing whether the agreement provided for the fair and efficient resolution of workplace disputes, protected the rights and interests of employees, and was free from any invalid provisions that would render it unenforceable. The Commission had to scrutinise the agreement to ensure it adhered to the legislative framework designed to protect employees while also considering the legitimate interests of employers.

In its reasoning, the Commission found that the agreement largely complied with the statutory requirements. It noted that the agreement included provisions for the fair resolution of disputes, the protection of employee rights, and the avoidance of unfair dismissals. However, the Commission identified certain minor deficiencies that needed to be rectified for full compliance. After addressing these issues and ensuring the agreement met all necessary standards, the Commission approved the enterprise agreement. The final orders confirmed the agreement's approval, subject to the corrections made, and mandated that the agreement be registered with the Fair Work Commission.

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