Trustee For The Dace Trust Trading AS Kent Relocation Group Pty Ltd

KENT RELOCATION GROUP PTY LTD TWU MELBOURNE VIC ENTERPRISE AGREEMENT 2025-2029

Application for approval of the Kent Relocation Group Pty Ltd TWU Melbourne VIC Enterprise Agreement 2025-2029

[1] The Trustee For the Dace Trust trading as Kent Relocation Group Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Kent Relocation Group Pty Ltd TWU Melbourne VIC Enterprise Agreement 2025-2029 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 22 July 2025 and the Agreement was made on 27 November 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Notice of Employee Representational Rights (NERR)

[3] The NERR was erroneous in that the name of the proposed enterprise agreement was 'Kent Relocation Group Pty Ltd Melbourne VIC Enterprise Agreement 2023-2027' while the title of the Agreement is 'Kent Relocation Group Pty Ltd TWU Melbourne VIC Enterprise Agreement 2025-2029'. The Employer provided submissions that this matter constituted a minor technical error.

[4] I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this matter constituted a minor technical or procedural error for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

National Employment Standards (NES) Precedence Term

[5] Clause 15.1 of the Agreement provides for a 'full week of 40 hours per week of which two hours will accrue towards an RDO.'

[6] Clause 15.4.1 of the Agreement appears to provide for a casual employee to convert to full time or part time employment who has been 'engaged by a particular employer for a sequence of period of employment under this Agreement during a period of 12 months will thereafter.'

[7] Clause 17.1.5(b) of the Agreement excludes apprentices from notice of termination.

[8] Clause 17.2.2 of the Agreement provides that 'if an employee fails to give the notice specified in Clause 17.1.1 the Employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under Clause 17.1.4.' The effect of this clause is that it appears to permit the employer to withhold monies owing to the employee under the NES (such as accrued but unused annual leave or long service leave on termination or redundancy payments).

[9] The issues identified in paragraphs [4] - [7] may be inconsistent with the National Employment Standards (NES). I note that in accordance with the NES precedence term in Clause 7.1 of the Agreement, this clause will be read and interpreted in conjunction with the NES.

[10] Having had regard to the submissions of the Employer and the Statement of Principles on Genuine Agreement, 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.

[11] The Transport Workers' Union of Australia (TWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[12] In accordance with s.201(2), I note that the Agreement covers the TWU.

[13] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2025. The nominal expiry date of the Agreement is 30 December 2029.

[1] [2019] FWCFB 318.

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