K&S Freighters

[2019] FWCA 3492

[2019] FWCA 3492

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2019/415)

K&S CHEMTRANS SYDNEY AGREEMENT 2018

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 21 MAY 2019

Application for approval of the K&S Chemtrans Sydney Agreement 2018.

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

[2] The matter was allocated to my Chambers on 3 May 2019.

[3] On 14 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 21 February 2019.

[5] The Applicant has submitted an undertaking in the required form dated 20 May 2019. The undertaking deals with the following topics:

•  Despite the reference to a 2-year term in clause 3(b) of the Agreement, the nominal expiry date is 10 April 2020.

•  Despite clause 14(a) of the Agreement, casual employees will be engaged for a minimum of eight hours on any shift.

•  The definition of a shift worker will be for the purposes of the National Employment Standards.

•  Clause 21(d) shall no longer apply.

[6] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[9] 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.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 10 April 2020.

COMMISSIONER

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