DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2019/1592)

K&S ENERGY WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 17 JUNE 2019

Application for approval of the K&S Energy Western Australia Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the K&S Energy Western Australia 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2019. The nominal expiry date of the Agreement is 18 June 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

K&S Freighters sought approval of the K&S Energy Western Australia Enterprise Agreement 2019. The application was before the Fair Work Commission. The dispute centred on whether the agreement contained provisions that were contrary to the public interest, including provisions that permitted certain employees to work extended shifts without receiving additional pay or compensatory leave. The Fair Work Commission had to determine if the provisions were justifiable under the Fair Work Act 2009 and whether they were in the public interest.

The Commission examined the necessity of the provisions in light of the operational requirements of the company and the rights of the employees. It considered whether the agreement balanced the interests of the employer and employees appropriately and if the provisions were reasonable and fair. The Commission found that the provisions were necessary to meet the operational needs of the company and were not overly burdensome to employees. The Commission concluded that the provisions were in the public interest as they facilitated the efficient operation of the company without significantly disadvantaging the employees.

In light of the above, the Fair Work Commission approved the K&S Energy Western Australia Enterprise Agreement 2019. The agreement was deemed to be fair and reasonable, and the provisions that permitted certain employees to work extended shifts without additional pay or compensatory leave were found to be justifiable under the Fair Work Act 2009. The decision underscores the importance of balancing the operational needs of a company with the rights of employees in enterprise agreements.

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