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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court, K&S Freighters applied for approval of the K&S Energy South Australian Tankers Agreement 2017. The application was brought pursuant to section 83 of the National Transport Commission (Interstate Rail and Road Transport) Act 2005 (Cth). The dispute involved whether the proposed agreement between K&S Freighters and Energy South Australia Pty Ltd (Energy SA) complied with the requirements of the Act and the relevant regulations. The court was required to determine if the agreement was in the public interest and whether it was likely to result in the efficient, economic and coordinated use of the national transport system.

The primary legal issue was whether the proposed agreement between K&S Freighters and Energy SA met the statutory criteria for approval. The court considered whether the agreement was consistent with the objects of the Act, which include promoting efficient, economic and coordinated transport. The court also examined if the agreement would facilitate the development of a national transport system. Additionally, the court assessed whether the agreement would result in the efficient, economic and coordinated use of the transport network, and if it would be in the public interest.

The court found that the proposed agreement was consistent with the statutory objects and would facilitate the development of a national transport system. The agreement was also likely to result in the efficient, economic and coordinated use of the transport network. The court concluded that the agreement was in the public interest. The court approved the application, finding that the proposed agreement met all the statutory criteria for approval.

The final orders of the court were that the K&S Energy South Australian Tankers Agreement 2017 be approved as a National Transport Agreement. The court also ordered that the agreement be registered with the National Transport Commission. The decision was a significant step forward in the development of the national transport system, and provided a framework for efficient, economic and coordinated transport between K&S Freighters and Energy SA.

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