DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2018/5115)

K&S ENERGY (GLADSTONE, TOWNSVILLE AND CAIRNS) DRIVERS ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 12 MARCH 2019

Application for approval of the K&S Energy (Gladstone, Townsville and Cairns) Drivers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the K&S Energy (Gladstone, Townsville and Cairns) Drivers 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2019. The nominal expiry date of the Agreement is 12 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission received an application for the approval of the K&S Energy (Gladstone, Townsville and Cairns) Drivers Enterprise Agreement 2018. The application was made by the employer, K&S Freighters, and the union, Transport Workers Union of Australia. The dispute centred around the terms and conditions of employment for the drivers employed by K&S Freighters in Gladstone, Townsville, and Cairns.

The legal issues before the Commission involved whether the terms of the proposed enterprise agreement were in accordance with the Fair Work Act 2009 and whether they complied with the Fair Work (Transitional Arrangements) Regulations 2009. Specifically, the Commission had to consider whether the agreement provided for minimum pay rates, penalty rates, leave entitlements, and other conditions that were consistent with the Fair Work Act. The Commission also had to ensure that the agreement did not discriminate against any employees or contravene any other relevant laws.

After considering the evidence presented by both parties, the Commission found that the proposed enterprise agreement met the requirements of the Fair Work Act and the regulations. The agreement provided for appropriate minimum pay rates, penalty rates, leave entitlements, and other conditions that were consistent with the law. The Commission also determined that the agreement did not discriminate against any employees and did not contravene any other relevant laws. Accordingly, the Commission approved the K&S Energy (Gladstone, Townsville and Cairns) Drivers Enterprise Agreement 2018.

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