DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2017/6600)

K&S ENERGY MACKAY DRIVERS EMPLOYEES AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 APRIL 2018

Application for approval of the K&S Energy Mackay Drivers Employees Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the K&S Energy Mackay Drivers Employees 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 27 April 2018 and, in accordance with s.54, will operate from 4 May 2018. The nominal expiry date of the Agreement is 1 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by K&S Freighters to approve the K&S Energy Mackay Drivers Employees Agreement 2017. The dispute centred around whether the agreement, which was intended to regulate the terms and conditions of employment for drivers employed by K&S Energy, met the necessary standards for approval under the Fair Work Act 2009. The commission was tasked with examining the agreement's compliance with the provisions of the act, particularly focusing on the fairness and appropriateness of the terms for the employees involved.

The primary legal issues the commission needed to resolve were whether the agreement complied with the Fair Work Act's requirements and if it adequately protected the rights and interests of the employees. This included assessing if the agreement provided fair and reasonable terms, ensuring it did not disadvantage any employee, and confirming it covered the essential conditions of employment as stipulated by the act. Additionally, the commission had to determine if the agreement was genuinely negotiated and if it complied with the procedural requirements for approval.

In delivering the decision, the commission found that the K&S Energy Mackay Drivers Employees Agreement 2017 did meet the necessary standards for approval. The agreement was deemed fair and reasonable, providing appropriate terms and conditions for the drivers employed by K&S Energy. The commission was satisfied that the agreement was genuinely negotiated and did not disadvantage any employee, ensuring it complied with the procedural requirements under the act. Consequently, the commission approved the agreement, acknowledging its appropriateness for the employees involved.

The final orders of the commission were that the K&S Energy Mackay Drivers Employees Agreement 2017 be approved and registered under the Fair Work Act 2009. This decision allowed the agreement to come into effect, governing the employment terms for the drivers employed by K&S Energy.

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