K&S Freighters Pty Ltd
[2024] FWCA 4019
•18 NOVEMBER 2024
| [2024] FWCA 4019 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
K&S Freighters Pty Ltd
(AG2024/3764)
K&S ENERGY DARWIN FUEL DRIVERS EMPLOYEES AGREEMENT 2024
| Road transport industry | |
| COMMISSIONER P RYAN | SYDNEY, 18 NOVEMBER 2024 |
Application for approval of the K&S Energy Darwin Fuel Drivers Employees Agreement 2024
K&S Freighters Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the K&S Energy Darwin Fuel Drivers Employees Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.
Section 190 Undertakings
The Employer 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. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Employer’s responses to issues identified, and the Statement of Principles.[1]
Delegates’ rights term
The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 29A of the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 25 November 2024. The nominal expiry date of the Agreement is 30 March 2027.
COMMISSIONER
Annexure A
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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