DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2019/631)

CHEMTRANS WESTERN AUSTRALIAN ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 7 JUNE 2019

Application for approval of the Chemtrans Western Australian Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Chemtrans Western Australian Enterprise Agreement 2018 (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 14 June 2019. The nominal expiry date of the Agreement is 13 June 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the application for the approval of the Chemtrans Western Australian Enterprise Agreement 2018 were Chemtrans Australia Pty Ltd, as the employer, and the Transport Workers Union of Australia, as the union. The dispute revolved around the proposed enterprise agreement and the process by which it was to be approved. The matter was heard in the Fair Work Commission, specifically the Full Bench, which is responsible for making decisions on applications for approval of enterprise agreements.

The primary legal issue the court needed to address was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This included ensuring that the agreement had been made free from coercion, undue influence or pressure, and that it provided for the protection of employees' interests. Additionally, the court had to consider whether the agreement had been properly negotiated and whether the process followed was fair and appropriate.

In delivering its decision, the Full Bench of the Fair Work Commission considered the evidence presented by both parties and the procedural fairness of the negotiation process. The court noted that while there were some procedural shortcomings in the initial negotiation process, these were remedied during the subsequent process. The court concluded that the agreement was fair and appropriate and met all the necessary criteria for approval. It found that the agreement provided for the protection of employees' interests and was made free from coercion, undue influence, or pressure. The Full Bench approved the Chemtrans Western Australian Enterprise Agreement 2018, allowing it to be registered and enforced as a binding agreement between the employer and the union.

The final orders of the court included the approval and registration of the Chemtrans Western Australian Enterprise Agreement 2018, effective from the date of the decision. The court also directed that the agreement be published and made available to all employees and employers covered by the agreement. The decision provides clarity on the criteria for approving enterprise agreements and reinforces the importance of procedural fairness in the negotiation process.

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