K&S Freighters Summary

[2021] FWCA 7054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2021/8575)

K&S FREIGHTERS MOUNT GAMBIER WORKSHOP ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 10 DECEMBER 2021

Application for approval of the K&S Freighters Mount Gambier Workshop Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the K&S Freighters Mount Gambier Workshop Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by K&S Freighters (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 1 December 2021.

[3] No bargaining representatives were appointed.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, K&S Freighters sought approval of their proposed Mount Gambier Workshop Enterprise Agreement 2021. The proposed agreement aimed to regulate the employment terms and conditions of employees within the Mount Gambier workshop. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the requirements for an enterprise agreement under the Fair Work Act, and whether it provided for the fair treatment of employees. The Commission needed to determine if the agreement contained the necessary minimum terms and conditions as stipulated in the Fair Work Act and whether it appropriately balanced the interests of both employers and employees.

The Commission carefully examined the proposed agreement against the statutory framework provided by the Fair Work Act. It assessed whether the agreement appropriately addressed key areas such as wages, hours of work, leave provisions, and dispute resolution mechanisms. After considering the submissions from both parties, the Commission concluded that the proposed agreement met the legislative requirements and fairly addressed the interests of all parties involved. The Commission approved the agreement, noting that it provided a balanced approach to the terms and conditions of employment.

The final orders of the Commission were that the proposed Mount Gambier Workshop Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act. This approval was subject to the agreement being registered with the Fair Work Commission within the specified timeframe.

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