K&S Freighter Pty Ltd T/A K&S Freighter Pty Ltd

Case

[2023] FWCA 876

4 MAY 2023


[2023] FWCA 876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

K&S Freighter Pty Ltd T/A K&S Freighter Pty Ltd

(AG2023/609)

SOUTH WEST WORKSHOP WA AGREEMENT 2023

Vehicle industry

DEPUTY PRESIDENT BEAUMONT

PERTH, 4 MAY 2023

Application for approval of the South West Workshop WA Agreement 2023

  1. K&S Freighter Pty Ltd T/A K&S Freighter Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the South West Workshop WA Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).  The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings.  A copy of the undertakings is attached in Annexure A.  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.

  1. In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

  1. The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application to the date it was actually made.

  1. The Agreement was approved on 4 May 2023 and, in accordance with s 54, will operate from 11 May 2023.  The nominal expiry date of the Agreement is 1 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519554  PR760534>

Annexure A

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