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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by K&S Freighters seeking approval of the KSF Aero Refuellers LD Drivers Agreement 2021. The agreement was intended to regulate the employment conditions of drivers within the aero refuelling division of K&S Freighters. The applicant argued that the proposed terms were necessary to ensure operational efficiency and safety within the aero refuelling sector. The dispute arose as the applicant sought to implement new conditions that the union opposed, leading to the application for approval by the Commission.

The legal issues before the Commission centred on whether the proposed terms and conditions in the KSF Aero Refuellers LD Drivers Agreement 2021 were fair and reasonable, and whether they complied with the relevant legislative framework, specifically the Fair Work Act 2009. The union argued that certain provisions of the agreement unfairly disadvantaged employees by reducing their entitlements and job security. The Commission needed to determine whether the proposed agreement met the criteria for approval, including fairness and reasonableness, and whether it provided adequate protections for employees.

In delivering the decision, the Commission considered the specific terms of the agreement and the submissions from both parties. The Commission examined the nature of the work involved in aero refuelling, which required highly skilled and safety-conscious employees. The Commission noted the critical role that drivers played in ensuring the safety and efficiency of aero refuelling operations. After careful consideration of the evidence and arguments, the Commission found that the proposed agreement was fair and reasonable, and did not unduly disadvantage employees. The Commission approved the agreement, emphasising the importance of balancing operational needs with fair treatment of employees.

The final orders included the approval of the KSF Aero Refuellers LD Drivers Agreement 2021, subject to certain conditions to ensure that employees were adequately protected and that the agreement remained fair and reasonable. The Commission's decision highlighted the need for careful negotiation and consideration of employee protections in the context of specialised industries such as aero refuelling.

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