DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2018/1340)

DTM WA FREMANTLE LUBRICANTS TRANSPORT AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 23 JULY 2018

Application for approval of the DTM WA Fremantle Lubricants Transport Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the DTM WA Fremantle Lubricants Transport 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] 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 K&S Freighters. 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 30 July 2018. The nominal expiry date of the Agreement is 30 May 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of K&S Freighters, the applicant sought approval of the DTM WA Fremantle Lubricants Transport Agreement 2018. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement would comply with the Fair Work Act 2009. The applicant, K&S Freighters, argued that the agreement was fair and reasonable, while no objections were raised by any other party. The decision hinged on whether the agreement met the statutory requirements for approval under the Fair Work Act.

The central legal issue for the Commission was to ascertain whether the agreement was genuinely negotiated and met the criteria for a "single interest enterprise agreement" under section 227 of the Fair Work Act. This involved assessing the terms of the agreement, the process of negotiation, and whether the agreement provided for the protection of employees' interests. The Commission needed to ensure that the agreement was not only procedurally valid but also substantively fair.

After careful consideration, the Fair Work Commission determined that the agreement was genuinely negotiated and met the statutory requirements. The Commission was satisfied with the evidence presented by the applicant, which demonstrated that the agreement was fair and reasonable. The Commission noted that the agreement provided for the protection of employees' interests, including provisions for wages, working conditions, and dispute resolution mechanisms. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the DTM WA Fremantle Lubricants Transport Agreement 2018, affirming its compliance with the Fair Work Act. The decision emphasised the importance of genuine negotiation and the protection of employees' interests in the agreement. The approval marked the formal recognition of the agreement as a legally binding instrument between the parties involved.

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