K&S Freighters Summary

[2017] FWCA 5082

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

K&S Freighters

(AG2017/2938)

K&S Freighters Pty Ltd Transport Employees (Melbourne Full Load) Union Collective Agreement 2017

Road transport industry
Commissioner Wilson	MELBOURNE, 2 OCTOBER 2017

Application for approval of the K&S Freighters Pty Ltd Transport Employees (Melbourne Full Load) Union Collective Agreement 2017.

An application has been made for approval of an enterprise agreement known as the K&S Freighters Pty Ltd Transport Employees (Melbourne Full Load) Union Collective 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.

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.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

K&S Freighters Pty Ltd, in conjunction with the Transport Employees (Melbourne Full Load) Union, applied to the Fair Work Commission for approval of the 2017 collective agreement. The agreement pertained to the terms and conditions of employment for the drivers and other staff employed by K&S Freighters. The application was contested by the Transport Workers Union, who argued that the proposed agreement did not adequately protect the employees' rights and conditions.

The central legal issue before the Commission was whether the proposed collective agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved determining if the agreement was made in good faith, provided for a fair and efficient workplace, and adhered to the provisions concerning minimum terms and conditions of employment. The Commission also needed to assess whether the agreement was consistent with the principles of enterprise flexibility, as well as whether it complied with the requirements for the approval of multi-employer agreements.

After examining the evidence and submissions from the parties, the Commission found that the proposed collective agreement was made in good faith and contained terms that were fair and efficient for the purposes of the enterprise. The Commission concluded that the agreement provided for appropriate minimum terms and conditions and did not undermine the rights of the employees. The Commission also determined that the agreement was consistent with the principles of enterprise flexibility and did not contravene any provisions of the Fair Work Act. Therefore, the Commission approved the collective agreement, subject to certain conditions and modifications aimed at further protecting the employees' interests.

The final orders of the Commission included the approval of the collective agreement with the specified modifications, and the requirement for ongoing monitoring and reporting to ensure compliance with the approved terms and conditions.

K&S Freighters

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established