DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2019/1632)

K&S FREIGHTERS (DTM NSW LUBRICANTS) COLLECTIVE AGREEMENT 2018

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 18 JUNE 2019

Application for approval of the K&S Freighters (DTM NSW Lubricants) Collective Agreement 2018.

[1] An application has been made for approval of a single enterprise agreement known as the K&S Freighters (DTM NSW Lubricants) Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by K&S Freighters.

[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 (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. 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 25 June 2019. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of K&S Freighters involved the application for the approval of the K&S Freighters (DTM NSW Lubricants) Collective Agreement 2018. The dispute arose between the employer, K&S Freighters, and the employees represented by the union. The matter was brought before the Fair Work Commission, an Australian body responsible for resolving workplace disputes and promoting fair work practices.

The central legal issue before the Commission was whether the terms of the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for the fair and efficient resolution of workplace issues, and whether it complied with the procedural requirements set forth in the legislation.

The Commission carefully considered the terms of the agreement, the submissions from both parties, and relevant legal principles. The Commission concluded that the agreement was fair and efficient and met all statutory requirements for approval. The agreement contained provisions for the resolution of workplace disputes, addressed key terms and conditions of employment, and adhered to the procedural requirements for approval. Consequently, the Commission approved the collective agreement, recognising it as a legally binding contract between the employer and the employees.

As a result of the Commission's decision, the K&S Freighters (DTM NSW Lubricants) Collective Agreement 2018 was approved and came into effect. The approved agreement now serves as the basis for the terms and conditions of employment for the employees represented by the union, ensuring fair and efficient workplace practices within the organisation.

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