DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2017/3834)

CHEMTRANS VICTORIA ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Chemtrans Victoria Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Chemtrans Victoria 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 22 December 2017 and, in accordance with s.54, will operate from 29 December 2017. 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

The case involved Chemtrans Victoria Pty Ltd and the Transport Workers Union. The Transport Workers Union sought approval of the Chemtrans Victoria Enterprise Agreement 2017. The matter was heard in the Fair Work Commission. The central issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. This included whether the agreement provided for the terms and conditions of employment of the relevant employees, including pay, leave, and other benefits. Furthermore, the Commission needed to consider if the agreement complied with the provisions for genuine bargaining and if it was in the best interests of the employees.

The Commission found that the agreement was made in good faith and after genuine bargaining. It provided for the terms and conditions of employment and included provisions for pay, leave, and other benefits. The agreement also contained a clause allowing for the resolution of disputes between the parties. The Commission determined that the agreement was in the best interests of the employees, as it provided for improved pay and conditions, as well as greater job security. The Commission approved the agreement, stating that it met all the requirements under the Fair Work Act 2009.

The Fair Work Commission approved the Chemtrans Victoria Enterprise Agreement 2017, finding that it met the requirements for approval under the Fair Work Act 2009. The agreement was made in good faith and after genuine bargaining, and it provided for the terms and conditions of employment of the relevant employees, including pay, leave, and other benefits. The Commission also found that the agreement was in the best interests of the employees, as it provided for improved pay and conditions, as well as greater job security.

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