DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2018/1793)

K&S SOUTH WEST TRANSPORT EMPLOYEES AGREEMENT 2018

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 SEPTEMBER 2018

Application for approval of the K&S South West Transport Employees Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the K&S South West Transport Employees 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 (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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 September 2018 and, in accordance with s.54, will operate from 14 September 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, K&S Freighters, sought approval of the K&S South West Transport Employees Agreement 2018 under section 234 of the Fair Work Act 2009. The application was opposed by the Transport Workers Union. The dispute arose due to disagreements between the parties over various provisions of the proposed agreement, particularly those relating to classification, remuneration, and working conditions of employees within the transport industry. The Fair Work Commission heard the matter.

The legal issues before the Commission involved determining whether the proposed agreement met the requirements of section 235 of the Act, including whether it provided for fair and equitable terms and conditions for employees. The Commission had to assess if the agreement adequately balanced the interests of both employers and employees and if it was consistent with the Act's overarching objectives of promoting cooperative and productive workplace relations. Additionally, the Commission examined whether the agreement was appropriately made and if it provided for fair and reasonable terms and conditions.

The Commission found that the proposed agreement was consistent with the Act's objectives and provided for fair and equitable terms and conditions. It determined that the agreement appropriately balanced the interests of both parties and did not unduly favour one over the other. The Commission also found that the agreement was made in good faith and that it provided for reasonable terms and conditions, including classification, remuneration, and working conditions. The Commission approved the agreement, highlighting its potential to foster cooperative workplace relations and ensure fair outcomes for employees.

The Fair Work Commission approved the K&S South West Transport Employees Agreement 2018, subject to certain conditions and modifications. The approval was based on the Commission's determination that the agreement met the requirements of the Fair Work Act 2009 and provided for fair and equitable terms and conditions for employees. The Commission's decision recognised the importance of promoting cooperative and productive workplace relations and the need to balance the interests of employers and employees. The approval of the agreement is expected to contribute to improved industrial relations within the transport industry.

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