K&S Freighters

[2018] FWCA 5591

[2018] FWCA 5591

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2018/3193)

K&S ENERGY SOUTH AUSTRALIAN TANKERS AGREEMENT 2017.

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 6 SEPTEMBER 2018

Application for approval of the K&S Energy South Australian Tankers Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the K&S Energy South Australian Tankers 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] On 17 August 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement.

[3] The employer subsequently provided a copy of the voting information distributed to the employees and an undertaking which confirmed that the agreement would commence 7 days after the approval, clarified that at clause 15(d) of the Agreement employees were entitled to compassionate leave on each occasion as per the National Employment Standards and attached overtime rates for the Rigid Vehicle classification.

[4] No bargaining representatives were appointed. I have accepted the undertaking provided by the employer. As a result, the undertakings are taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

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