K&S Freighters

[2021] FWCA 5260

[2021] FWCA 5260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2021/6667)

KSF AERO REFUELLERS LD DRIVERS AGREEMENT 2021

Road transport industry
COMMISSIONER MATHESON	SYDNEY, 25 AUGUST 2021

Application for approval of the KSF Aero Refuellers LD Drivers Agreement 2021.

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

[2] The Applicant has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in a substantial change to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] The Applicant sought to correct an error in the original application by providing an amended Agreement signature page. I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.  

[4] On the basis of the materials filed by the Applicant, undertaking and amended Agreement signature page, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met. 

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2021. The nominal expiry date of the Agreement is 30 April 2024.

COMMISSIONER

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Annexure A