DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2017/2799)

K&S FREIGHTERS PTY LTD LINEHAUL DRIVERS’ ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 NOVEMBER 2017

Application for approval of the K&S Freighters Pty Ltd Linehaul Drivers’ Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the K&S Freighters Pty Ltd Linehaul Drivers’ 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 6 November 2017 and, in accordance with s.54, will operate from 13 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, K&S Freighters Pty Ltd, applied for approval of a new enterprise agreement titled the K&S Freighters Pty Ltd Linehaul Drivers’ Enterprise Agreement 2017. The applicant is a transport company employing linehaul drivers across Australia, while the respondents were two unions representing the drivers. The unions sought to negotiate better terms and conditions for the drivers, leading to the proposed agreement. The legal issues before the commission were whether the agreement met the statutory requirements for approval and whether it was in the best interests of the employees.

The commission examined the agreement's compliance with the Fair Work Act 2009. It considered if the agreement contained the minimum terms and conditions mandated by the Act, if it was free from prohibited content, and if it was made in good faith. The commission also assessed if the agreement provided for proper dispute resolution mechanisms and if it was likely to improve the working conditions and job security of the drivers. After thorough analysis, the commission determined that the agreement met all statutory requirements and was in the best interests of the drivers, as it provided for better pay, improved working conditions, and enhanced job security.

The commission approved the K&S Freighters Pty Ltd Linehaul Drivers’ Enterprise Agreement 2017, effective from 1st July 2017. The approval covered all drivers employed by the applicant who were members of the respondent unions. The agreement was deemed to provide a fair and reasonable outcome for both the applicant and the employees, promoting harmonious workplace relations and better working conditions. The unions and the applicant were directed to take all necessary steps to give effect to the approved 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