DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2017/4904)

K&S FREIGHTERS WA TRANSPORT WORKERS’ ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 22 MARCH 2018

Application for approval of the K&S Freighters WA Transport Workers’ Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the K&S Freighters WA Transport Workers’ 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

K&S Freighters, an employer, applied for approval of the K&S Freighters WA Transport Workers’ Enterprise Agreement 2017 (the Agreement). The applicant and the union representing the employees of the company had entered into the Agreement, which was intended to replace the existing Transport Workers (Road Transport) Award 2010. The dispute was brought before the Fair Work Commission. The primary legal issue for the Commission was whether the Agreement provided for fair and reasonable terms and conditions, and whether it complied with the relevant legislation, including the Fair Work Act 2009. The Commission considered whether the Agreement provided for appropriate minimum rates of pay, hours of work, leave entitlements, and other terms and conditions that were fair and reasonable.

The Fair Work Commission found that the Agreement provided for fair and reasonable terms and conditions, and complied with the relevant legislation. The Commission noted that the Agreement provided for minimum rates of pay that were not less favourable than those provided for in the existing award, and that it provided for appropriate leave entitlements. The Commission also found that the Agreement was not likely to have a significant adverse effect on the financial performance of the applicant. The Commission approved the Agreement and issued a certificate of registration, which registered the Agreement as a registered agreement under the Fair Work Act 2009.

The Fair Work Commission approved the K&S Freighters WA Transport Workers’ Enterprise Agreement 2017 and issued a certificate of registration, which registered the Agreement as a registered agreement under the Fair Work Act 2009. The applicant may now apply to the Federal Circuit Court or the Federal Court for an order that the Agreement be registered as a registered agreement under the Fair Work Act 2009. The employer and the union may now implement the terms and conditions of the Agreement, subject to any orders that may be made by the Federal Circuit Court or the Federal Court.

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