DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2018/2387)

DTM VICTORIA SOMERVILLE ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 SEPTEMBER 2018

Application for approval of the DTM Victoria Somerville Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the DTM Victoria Somerville 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 17 September 2018 and, in accordance with s.54, will operate from 24 September 2018. The nominal expiry date of the Agreement is 30 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to the case were the applicant, K&S Freighters, and the respondents, represented by the Transport Workers Union of Australia (TWU). The dispute was an application for the approval of the DTM Victoria Somerville Enterprise Agreement 2018. The application was heard by the Fair Work Commission (FWC). The central legal issues the court needed to decide were whether the agreement was in the public interest and whether it met the requirements of the Fair Work Act 2009.

The FWC examined the agreement, considering its compliance with the Fair Work Act. The court evaluated the agreement's provisions, including pay rates, conditions of employment, and dispute resolution mechanisms. The court also assessed the impact of the agreement on the employees and the broader public interest. The FWC concluded that the agreement was in the public interest and met the necessary statutory requirements. The agreement provided for fair and reasonable terms and conditions for the employees, and the dispute resolution mechanisms were considered effective.

After considering the arguments presented by both parties, the FWC approved the agreement. The court found that the agreement was fair and reasonable, and it met the requirements of the Fair Work Act. The FWC considered that the agreement would promote better industrial relations and contribute to the public interest by ensuring fair and reasonable terms and conditions for the employees. The court's approval of the agreement was based on the evidence presented and the legal criteria set out in the Fair Work Act. The final orders were that the FWC approved the DTM Victoria Somerville Enterprise Agreement 2018, and the agreement would come into effect on the date of the approval.

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