austlii:cth/FWCA/2025/3771
General information, not legal advice.
FWCA
2025-11-10
Original judgment source is linked above.
s.185 - Enterprise agreement
KRUEGER TRANSPORT EQUIPMENT PTY LTD ENTERPRISE AGREEMENT 2025
Application for approval of the Krueger Transport Equipment Pty Ltd Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Krueger Transport Equipment Pty Ltd Enterprise Agreement 2025 (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 Employer). The Agreement is a single enterprise agreement.
[2] The Employer did not initially provide material to the Commission demonstrating whether employees had been provided with material such as voting information and explanatory material, or information on how the agreement was distributed to employees. I noted this in correspondence sent from my Chambers to the parties on 30 October and requested that the Employer provide the Commission with a signed declaration stating that the relevant documents were provided to the employees, together with copies of all the relevant documents. A signed declaration, dated 31 October, was provided to the Commission, addressing my concerns.
[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. The bargaining representative for the employees was given an opportunity to express its views concerning the undertakings, but declined to do so. 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. The undertakings are taken to be a term of the agreement.
[4] Subject to the undertakings referred to above, 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.
[5] 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 17 November 2025. The nominal expiry date of the Agreement is 30 September 2026.

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