DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Corporation Limited
(AG2020/3776)

K&S FREIGHTERS TRUGANINA WORKSHOP EMPLOYEE’S AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 JANUARY 2021

Application for approval of the K&S Freighters Truganina Workshop Employee’s Agreement 2020.

[1] K&S Corporation Limited has made an application for approval of an enterprise agreement known as the K&S Freighters Truganina Workshop Employee’s Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] 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.

[4] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 20 January 2021 and, in accordance with s 54, will operate from 27 January 2021. The nominal expiry date of the Agreement is 30 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

K&S Corporation Limited recently sought approval for the K&S Freighters Truganina Workshop Employee’s Agreement 2020 from the Fair Work Commission. The company argued that the agreement provided a fair and reasonable basis for its employees to negotiate their working conditions. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to assess whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms and conditions for employees.

In considering whether the agreement was genuinely negotiated, the Fair Work Commission examined the process by which the agreement was reached. The Commission found that the process was transparent and inclusive, involving meaningful consultation between the parties. The company demonstrated that it had engaged in good faith negotiations with the employees' representatives. The court was also satisfied that the agreement provided for fair and reasonable terms and conditions for employees. The agreement covered a range of matters, including pay rates, leave entitlements, and dispute resolution mechanisms. The Commission found that the agreement provided for a fair balance of rights and obligations between the parties.

Based on its findings, the Fair Work Commission approved the K&S Freighters Truganina Workshop Employee’s Agreement 2020. The Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act 2009. The Commission noted that the agreement provided a fair and reasonable basis for employees to negotiate their working conditions. The court also noted that the agreement was in the best interests of the employees and the company. The Fair Work Commission's approval of the agreement is a positive outcome for both parties, as it provides certainty and stability in their industrial relations arrangements.

K&S Corporation Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established