DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K & S Freighters
(AG2018/2253)

K & S FREIGHTERS PTY LTD TRANSPORT EMPLOYEES (NEW SOUTH WALES ENFIELD SITE) AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 10 SEPTEMBER 2018

Application for approval of the K & S Freighters Pty Ltd Transport Employees (New South Wales Enfield Site) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the K & S Freighters Pty Ltd Transport Employees (New South Wales Enfield Site) Agreement 2017 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2018. The nominal expiry date of the Agreement is 31 December 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of K & S Freighters Pty Ltd involved an application to the Fair Work Commission for the approval of a transport employees agreement. This agreement was proposed by K & S Freighters, an employer in the transport industry, and sought to govern the terms and conditions of employment for its workers at its Enfield site in New South Wales. The application was brought before the Commission to ensure the agreement met the necessary standards under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement provided for fair and appropriate terms and conditions of employment. This included ensuring that the agreement addressed key employment standards such as minimum wages, penalty rates, leave entitlements, and other provisions that are critical to the protection of employees' rights. The Commission also had to assess whether the agreement complied with the relevant legislative requirements and whether it was genuinely negotiated between the employer and the employees or their representatives.

In determining the application, the Commission carefully reviewed the proposed agreement against the benchmarks set out in the Fair Work Act. It examined whether the terms and conditions were fair and balanced, taking into account the needs of both the employer and the employees. The Commission noted that the agreement included provisions that aligned with the legislative standards and were reflective of the industry's practices. The Commission found that the agreement was genuinely negotiated and met the necessary criteria for approval under the Act.

Consequently, the Commission approved the Transport Employees (New South Wales Enfield Site) Agreement 2017, recognising it as a valid and compliant enterprise agreement. This decision ensures that the terms and conditions of employment for the workers at K & S Freighters' Enfield site are regulated by a legally recognised agreement, providing a framework for fair and consistent employment practices.

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