DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2017/6591)

K&S ENERGY BULK TANKER QUEENSLAND OPERATIONS ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 MAY 2018

Application for approval of the K&S Energy Bulk Tanker Queensland Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the K&S Energy Bulk Tanker Queensland Operations Enterprise 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] The Applicant 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.

[4] The Transport Workers’ Union of Australia, 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 is approved and, in accordance with s.54 of the Act, will operate from 17 May 2018. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved K&S Freighters and its employees, who were subject to the K&S Energy Bulk Tanker Queensland Operations Enterprise Agreement 2017. The matter was brought before the Fair Work Commission, which was asked to approve the enterprise agreement. The dispute centred around whether the agreement met the legal requirements for approval and whether it provided fair and reasonable terms for the employees.

The key legal issues that the court had to address were whether the agreement was genuinely negotiated, if it contained the necessary minimum terms as stipulated by the Fair Work Act 2009, and whether it was in the best interests of the employees. Furthermore, the court had to consider if the agreement provided a fair and reasonable set of terms for the employees, and if there was adequate consultation and negotiation between the parties.

In examining these issues, the court looked at the negotiation process and the content of the agreement. It was satisfied that the agreement had been genuinely negotiated between the parties and that it contained all the minimum terms required by the Fair Work Act. The court also found that the agreement provided fair and reasonable terms for the employees, taking into account their needs and the broader economic context. Therefore, the court approved the enterprise agreement.

Consequently, the Fair Work Commission approved the K&S Energy Bulk Tanker Queensland Operations Enterprise Agreement 2017. The agreement was deemed to be genuinely negotiated, to contain the necessary minimum terms, and to provide fair and reasonable terms for the employees. This decision ensured that the agreement could be implemented, providing a stable and agreed-upon framework for the relationship between K&S Freighters and its employees.

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