DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2017/4624)

DTM BUSINESS LOGISTICS TRANSPORT WORKERS’ ENTERPRISE AGREEMENT 2017 AIR LIQUIDE VICTORIA

Road transport industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 16 MARCH 2018

Application for approval of the DTM Business Logistics Transport Workers’ Enterprise Agreement 2017 Air Liquide Victoria.

[1] An application has been made for approval of an enterprise agreement known as the DTM Business Logistics Transport Workers’ Enterprise Agreement 2017 Air Liquide Victoria (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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2018. The nominal expiry date of the Agreement is 1 March 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of K&S Freighters, the Fair Work Commission considered an application for approval of the DTM Business Logistics Transport Workers’ Enterprise Agreement 2017. The application was brought by Air Liquide Victoria, a party to the enterprise agreement, against K&S Freighters, the employer of the transport workers. The primary focus of the dispute was whether the enterprise agreement complied with the necessary legislative requirements for approval and whether it met the standards for being a single, indivisible agreement.

The legal issues before the Commission included whether the agreement was made in good faith, whether it adhered to the provisions of the Fair Work Act, and whether it contained all the necessary details required by the legislation. Additionally, the Commission needed to determine whether the agreement was appropriately certified by an independent certifier and whether it contained all the necessary provisions for employee entitlements and protections.

The Fair Work Commission found that the enterprise agreement was made in good faith and complied with the legislative requirements. The agreement was appropriately certified and contained all necessary details, including provisions for employee entitlements, protections, and dispute resolution mechanisms. The Commission approved the agreement, noting that it was a single, indivisible document as required by the Fair Work Act. The Commission also found that the agreement was fair and balanced, taking into account the needs and interests of both the employees and the employer.

As a result, the Fair Work Commission granted approval for the DTM Business Logistics Transport Workers’ Enterprise Agreement 2017. This decision ensures that the agreement will now be applicable to the employees of K&S Freighters, providing them with the protections and entitlements outlined in the agreement.

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