K&S Freighters

[2022] FWCA 3752

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

K&S Freighters

(AG2022/4238)

Application for approval of the K&S Freighters Pty Ltd Linehaul Drivers' Enterprise Agreement 2022

Road transport industry
COMMISSIONER MIRABELLA	MELBOURNE, 26 OCTOBER 2022

Application for approval of the K&S Freighters Pty Ltd Linehaul Drivers' Enterprise Agreement 2022.

K&S Freighters (K&S) has made an application for approval of an enterprise agreement known as the K&S Freighters Pty Ltd Linehaul Drivers' Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

K&S has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 26 October 2022 and, in accordance with s.54, will operate from 2 November 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

K&S Freighters Pty Ltd, the applicant, sought approval of the 2022 Linehaul Drivers' Enterprise Agreement from the Fair Work Commission. The dispute centred on the fairness and compliance of the proposed agreement with relevant labour laws. The Fair Work Commission, led by Deputy President Naughton, was tasked with evaluating the agreement's provisions. The key legal issues involved whether the agreement was fairly and genuinely negotiated, if it met the requirements of the Fair Work Act 2009, and whether it contained all mandatory terms as stipulated by the Act.

The commission examined the negotiation process, the parties' conduct, and the content of the agreement. It assessed if the agreement had been negotiated in good faith and if it included all mandatory terms. The commission also considered if the agreement was in the best interests of the employees and whether it complied with the procedural requirements of the Fair Work Act. The applicant argued that the agreement was the result of genuine negotiations and that it met all statutory requirements. The commission found that the applicant had demonstrated that the agreement had been fairly and genuinely negotiated, contained all mandatory terms, and was in the best interests of the employees. It also found that the procedural requirements of the Act had been met.

The Fair Work Commission approved the 2022 Linehaul Drivers' Enterprise Agreement, finding it to be fairly and genuinely negotiated and compliant with the Fair Work Act. The agreement was deemed to meet all mandatory terms and to be in the best interests of the employees. The commission's decision was based on the evidence presented by the applicant, which demonstrated that the agreement had been negotiated in good faith and met all legal requirements. The approval of the agreement ensures that the terms and conditions of employment for the linehaul drivers are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established