K&S Freighters

[2022] FWCA 3175

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

K&S Freighters

(AG2022/3586)

KSF Newcastle SBU Enterprise Agreement 2022

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 SEPTEMBER 2022

Application for approval of the KSF Newcastle SBU Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the KSF Newcastle SBU Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 September 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the KSF Newcastle SBU Enterprise Agreement 2022. The application was lodged by the employer, K&S Freighters, with the Fair Work Commission. The nature of the dispute centred around the terms and conditions of employment for employees working in the Newcastle Specialised Business Unit of K&S Freighters. The matter was heard by the Fair Work Commission, which is the body responsible for overseeing industrial relations in Australia.

The legal issues that the court was required to decide involved the fairness and reasonableness of the proposed agreement. The primary focus was on whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was free from coercion, duress, or any other form of unfair pressure. Additionally, the court considered whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable, and met all the necessary criteria for approval. The court considered the terms of the agreement, which included provisions for wages, working conditions, leave entitlements, and dispute resolution mechanisms. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, and was free from any form of unfair pressure. Furthermore, the court found that the agreement provided for appropriate mechanisms for the resolution of workplace disputes. Based on these findings, the Commission approved the KSF Newcastle SBU Enterprise Agreement 2022.

In summary, the Fair Work Commission approved the KSF Newcastle SBU Enterprise Agreement 2022, finding that it met the necessary criteria for approval under the Fair Work Act 2009. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and was free from any form of unfair pressure. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of workplace disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established