DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2019/5196)

KS ENERGY TANKER WESTERN AUSTRALIAN ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 5 MARCH 2020

Application for approval of the KS Energy Tanker Western Australian Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the KS Energy Tanker Western Australian Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by K&S Freighters. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Transport Workers' Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2020. The nominal expiry date of the Agreement is 31 October 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, K&S Freighters, sought approval for the KS Energy Tanker Western Australian Enterprise Agreement 2019. The dispute involved the terms and conditions of employment for tanker truck drivers within the Western Australian region, specifically those employed by K&S Freighters. The respondent, the Maritime Union of Australia, contested the application, raising objections primarily on the grounds of procedural fairness and the adequacy of the agreement in protecting employees' rights and interests.

The central legal issue before the Commission was whether the application process for the enterprise agreement was conducted in accordance with relevant industrial laws and whether the terms of the agreement were fair and reasonable. The Commission needed to examine the procedural integrity of the application process and the substantive fairness of the agreement's provisions. This included assessing if the agreement met the statutory requirements for "better off overall" and whether it adequately protected employees' rights and interests.

The Commission found that the application process was procedurally sound, with sufficient consultation and communication between the parties. Regarding the substantive fairness of the agreement, the Commission considered various factors, including the comparison of the agreement's terms to existing awards and the impact on employees' overall conditions. The Commission concluded that the agreement was fair and reasonable, providing benefits to the employees that outweighed any disadvantages, and thus approved the application.

The Fair Work Commission approved the KS Energy Tanker Western Australian Enterprise Agreement 2019, determining that the application process was lawful and the agreement's terms were fair and reasonable. This decision confirmed the agreement's validity and enforceability, providing a framework for the employment conditions of tanker truck drivers in Western Australia under the applicant's operation.

K&S Freighters

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established