DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2018/107)

CHEMTRANS BRISBANE ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 MARCH 2018

Application for approval of the Chemtrans Brisbane Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Chemtrans Brisbane 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, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 March 2018 and, in accordance with s.54, will operate from 9 March 2018. The nominal expiry date of the Agreement is 31 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, K&S Freighters, applied for the approval of the Chemtrans Brisbane Enterprise Agreement 2017. The application was heard by the Fair Work Commission, a tribunal with industrial relations jurisdiction in Australia. The primary dispute centred around the terms and conditions outlined in the proposed enterprise agreement, specifically whether the agreement met the legal requirements for approval under Australian labour laws.

The court was tasked with determining whether the agreement was fair and if it included adequate protections for employees. The issues included the assessment of whether the agreement was genuinely negotiated, the fairness of the terms and conditions, and whether it provided for the protection of employees' rights and interests. The court also had to consider if the agreement complied with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission examined the negotiation process, the content of the agreement, and the impact of the proposed terms on the employees. It found that the agreement was genuinely negotiated, the terms were fair, and it provided adequate protections for employees. The Commission concluded that the agreement complied with the legal requirements and was therefore eligible for approval. The Commission approved the application and made the necessary orders to give effect to the agreement.

The Commission's final orders included the approval of the Chemtrans Brisbane Enterprise Agreement 2017, subject to certain conditions designed to ensure ongoing compliance with labour laws. These orders mandated the terms of the agreement to be binding on the parties and enforceable under the Fair Work Act.

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