DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K & S Freighters
(AG2015/3317)

DTM WA FREMANTLE AND TWU (WA) FUEL TRANSPORT AGREEMENT 2015

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 JULY 2015

Application for approval of the DTM WA Fremantle and TWU (WA) Fuel Transport Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the DTM WA Fremantle and TWU (WA) Fuel Transport Agreement 2015 (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] 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 and 188 as are relevant to this application for approval have been met.

[3] 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.

[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 29 July 2015 and, in accordance with s.54, will operate from 5 August 2015. The nominal expiry date of the Agreement is 30 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

K & S Freighters was an application to the Fair Work Commission for approval of the DTM WA Fremantle and TWU (WA) Fuel Transport Agreement 2015. The application was brought by the Transport Workers Union of Australia (WA Branch) as the representative of the employees of K & S Freighters. The company was a freight carrier in the fuel transport industry. The dispute was about the approval of an enterprise agreement between the union and the employer which outlined the terms and conditions of employment for the employees of the company.

The legal issue before the Commission was whether the agreement complied with the Fair Work Act 2009, specifically sections 234 and 235. Section 234 requires that an agreement must be certified as "not objected to on the ground of its consistency with the provisions of this Act", while section 235 provides for the criteria for the approval of an agreement. The Commission had to determine whether the agreement met the requirements of these sections and whether it was fair and reasonable in all its terms.

The Commission found that the agreement was consistent with the provisions of the Act and met the criteria for approval. The Commission considered the provisions of the agreement and found that they were not contrary to any of the provisions of the Act. The Commission also found that the agreement was fair and reasonable in all its terms, taking into account the need for a fair balance between the interests of the employees and the employer. The Commission approved the agreement, and it came into effect on 1 July 2015.

The Commission's decision was based on its finding that the agreement provided for fair and reasonable terms and conditions of employment for the employees of the company, and that it was not contrary to any of the provisions of the Act. The Commission noted that the agreement provided for a number of benefits for the employees, including provisions for pay rates, leave entitlements, and other terms and conditions of employment. The Commission also noted that the agreement provided for a process for the resolution of disputes between the employer and the employees, which was an important factor in the approval of the 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