DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2017/5608)

K&S ENERGY BULK TANKER SYDNEY AGREEMENT 2017

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 12 APRIL 2018

Application for approval of the K&S Energy Bulk Tanker Sydney Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the K&S Energy Bulk Tanker Sydney 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 19 April 2018. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of the Maritime Union of Australia against K&S Freighters concerned the application for the approval of the K&S Energy Bulk Tanker Sydney Agreement 2017. This agreement sought to regulate the terms and conditions of employment for workers in the energy bulk tanker sector in Sydney. The union had raised concerns about the fairness and reasonableness of the proposed agreement, which prompted the application for approval by the Commission.

The primary legal issues before the Commission involved assessing whether the agreement met the requirements for approval under the Fair Work Act 2009. This included determining if the agreement provided for fair and reasonable terms and conditions of employment, and whether it was genuinely agreed upon by the parties. The Commission had to consider the union's objections and evaluate the fairness of the proposed terms, particularly in light of the union's assertion that the agreement did not adequately address several key issues.

The Commission found that while the agreement contained provisions that were fair and reasonable, certain aspects raised by the union warranted further consideration. The Commission noted that some of the union's concerns were addressed in the agreement, but others required amendments to ensure compliance with the Act. After careful deliberation, the Commission concluded that the agreement, with specific modifications, could be approved. These modifications aimed to address the union's concerns and ensure that the agreement was fair and reasonable for the employees covered by it.

The Commission ordered that the K&S Energy Bulk Tanker Sydney Agreement 2017 be approved, subject to the specified modifications. These modifications were designed to resolve the union's objections and ensure that the agreement met all legal requirements for approval. The decision balanced the interests of both the employer and the employees, aiming to provide a fair and reasonable agreement that was genuinely agreed upon by 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