Tantusk Pty Ltd T/A Kennedy Transport

[2013] FWCA 8917

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tantusk Pty Ltd T/A Kennedy Transport
(AG2013/11061)

KENNEDY TRANSPORT ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 13 NOVEMBER 2013

Application for approval of the Kennedy Transport Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kennedy Transport Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tantusk Pty Ltd T/A Kennedy Transport. The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2013. The nominal expiry date of the Agreement is 19 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tantusk Pty Ltd T/A Kennedy Transport sought approval of the Kennedy Transport Enterprise Agreement 2013. The application was brought before the Fair Work Commission (FWC) as the agreement was to be registered under the Fair Work Act 2009. The applicants argued that the proposed agreement met the statutory requirements for registration, including that it covered a relevant bargaining group and that it had been negotiated in good faith.

The primary legal issue for the FWC to decide was whether the agreement complied with the relevant provisions of the Fair Work Act. This included whether the agreement was fairly and appropriately negotiated, and whether it met the requirements for registration. The FWC considered the process of negotiation, the content of the agreement, and whether it adequately addressed the needs of both the employees and the employer.

In reaching its decision, the FWC examined the evidence provided regarding the negotiation process. It noted that the negotiation process was conducted in good faith and that the agreement reflected a fair and reasonable compromise between the parties. The FWC also considered the content of the agreement, including its provisions on wages, conditions of employment, and other matters. The FWC concluded that the agreement met the statutory requirements for registration and approved the Kennedy Transport Enterprise Agreement 2013. As a result, the agreement was registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established