DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2018/1638)

K&S FREIGHTERS TRANSPORT WORKERS EMPLOYEES, NORTHERN TERRITORY GENERAL TRANSPORT AGREEMENT 2018

Northern Territory
COMMISSIONER GREGORY	MELBOURNE, 22 OCTOBER 2018

Application for approval of the K&S Freighters Transport Workers Employees, Northern Territory General Transport Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the K&S Freighters Transport Workers Employees, Northern Territory General Transport 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 29 October 2018. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Transport Officers' Union and another sought approval of the K&S Freighters Transport Workers Employees, Northern Territory General Transport Agreement 2018. The applicant sought approval of the agreement on the basis that it complied with the requirements of the Fair Work Act 2009. K&S Freighters Pty Ltd opposed the application on the basis that the agreement was not made in good faith and that it did not comply with the minimum terms and conditions of employment required by the Fair Work Act. The principal issue before the Commission was whether the agreement met the statutory criteria for approval, specifically whether it was made in good faith and whether it provided for minimum terms and conditions of employment. The Commission found that the agreement was made in good faith, despite the employer's contention to the contrary, and that it complied with the requirements of the Fair Work Act. The Commission held that the employer had not discharged the onus of proving that the agreement was not made in good faith and that the agreement provided for minimum terms and conditions of employment as required by the Fair Work Act. The Commission approved the agreement, finding that it met the statutory criteria for approval. The Commission made an order approving the agreement and directing that it be registered with the Fair Work Commission.

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