DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2016/8023)

CHEMTRANS DRIVERS NORTHERN TERRITORY ENTERPRISE AGREEMENT 2017-2020

Northern Territory
COMMISSIONER CIRKOVIC	SYDNEY, 28 MARCH 2017

Application for approval of the Chemtrans Drivers Northern Territory Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Chemtrans Drivers Northern Territory Enterprise Agreement 2017-2020 (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 28 March 2017 and, in accordance with s.54, will operate from 4 April 2017. The nominal expiry date of the Agreement is 28 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Chemtrans, sought approval of the Chemtrans Drivers Northern Territory Enterprise Agreement 2017-2020. The application was heard in the Fair Work Commission. The dispute involved the terms and conditions of employment for drivers in the Northern Territory under the proposed enterprise agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the genuine agreement test and if it contained terms that complied with the provisions of the Fair Work Act. The Commission also considered if the agreement was in the best interests of the employees and whether any terms were unfair.

In its decision, the Fair Work Commission examined the evidence provided by both Chemtrans and the Australian Drivers’ Union. The Commission assessed whether the agreement was genuinely negotiated and whether it contained terms that were consistent with the Act. The Commission found that the agreement was genuinely negotiated and met the requirements of the Act. It also found that the terms of the agreement were fair and in the best interests of the employees. The Commission approved the proposed enterprise agreement, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission approved the Chemtrans Drivers Northern Territory Enterprise Agreement 2017-2020, subject to specific modifications. The modifications included changes to ensure compliance with the Fair Work Act. The approved agreement now governs the terms and conditions of employment for drivers in the Northern Territory under Chemtrans.

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