Trustee For The Dace Trust T/A Kent Relocation Group Pty Ltd Summary

[2024] FWCA 913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trustee For The Dace Trust T/A Kent Relocation Group Pty Ltd

(AG2024/494)

KENT RELOCATION GROUP PTY LTD BRISBANE QLD ENTERPRISE AGREEMENT 2023 - 2026

Road transport industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 13 MARCH 2024

Application for approval of the Kent Relocation Group Pty Ltd Brisbane QLD Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the Kent Relocation Group Pty Ltd, Brisbane Qld, Enterprise Agreement 2023-2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for the Dace Trust T/A Kent Relocation Group Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Transport Workers Union (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 19 March 2027.

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Trustee for the Dace Trust, trading as Kent Relocation Group Pty Ltd, which sought approval of the Enterprise Agreement for the period 2023 to 2026. The dispute arose from the negotiation process between the employer and its employees, represented by the union. The application was heard in the Fair Work Commission. The central legal issues before the court were whether the agreement complied with the relevant legislative framework and if it was made in accordance with the processes stipulated by the Fair Work Act 2009. The court had to determine if the agreement met the criteria for being a "simplified agreement" and whether it was made fairly and in good faith. Additionally, the court considered whether the agreement included all the mandatory terms prescribed by the Fair Work Act.

The court meticulously reviewed the negotiation process and the content of the agreement. It examined if the mandatory terms were included, and if the agreement was made without any undue influence or coercion. The court also assessed whether the agreement was certified as a "simplified agreement" by a certified agreement registrar and if the necessary steps for approval were followed. The court found that the agreement was indeed a simplified agreement, as it was certified by a registrar and contained all the mandatory terms. It also concluded that the negotiation process was conducted in good faith and that the agreement was made without any unfair practices. The court was satisfied that all procedural requirements were met and that the agreement was fair and reasonable.

Based on the evidence and the legal criteria, the court approved the Enterprise Agreement for the period 2023 to 2026. The court was satisfied that the agreement was made in accordance with the Fair Work Act and met all the necessary requirements for approval. The decision was based on the thorough review of the negotiation process and the contents of the agreement. The court found that the agreement was fair, reasonable, and complied with all the legal standards. The final orders of the court were that the Enterprise Agreement for the period 2023 to 2026 was approved and could be registered with the Fair Work Commission.

Trustee For The Dace Trust T/A Kent Relocation Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established