DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2019/66)

NEWCASTLE DRIVERS ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 6 MAY 2019

Application for approval of the Newcastle Drivers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Newcastle Drivers Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2019. The nominal expiry date of the Agreement is 1 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are K&S Freighters, a logistics company, and its drivers, who are represented by the Transport Workers' Union. The dispute centres around the approval of the Newcastle Drivers Enterprise Agreement 2018. The case was heard in the Fair Work Commission of Australia. The Transport Workers' Union sought approval for the proposed agreement, while K&S Freighters raised concerns about the terms and conditions outlined within the agreement.

The primary legal issues that the court had to address were whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement provided a safety net for the drivers, ensured fair and reasonable terms, and adhered to the procedural requirements for its approval. The court also needed to consider whether the agreement was free from any unlawful or unfair content.

In its decision, the Fair Work Commission examined the provisions of the proposed agreement against the statutory requirements. The court found that the agreement provided adequate safety net provisions, including minimum wages and conditions, which met the standards set by the Fair Work Act. Additionally, the court determined that the agreement was free from any unlawful or unfair content, as it did not include any provisions that would be detrimental to the drivers' interests. The court also confirmed that the procedural requirements for the approval of the agreement had been met, including proper consultation and notification to the parties involved. Based on these findings, the court approved the Newcastle Drivers Enterprise Agreement 2018.

As a result of the court's decision, the Newcastle Drivers Enterprise Agreement 2018 was approved and came into effect. This outcome ensures that the drivers employed by K&S Freighters will benefit from the terms and conditions outlined in the agreement, which provides them with fair and reasonable protections in their employment.

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