K&S Freighters Pty Ltd Summary

[2024] FWCA 3657

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

K&S Freighters Pty Ltd

(AG2024/3760)

CHEMTRANS TOWNSVILLE ENTERPRISE AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT DEAN	CANBERRA, 21 OCTOBER 2024

Application for approval of the Chemtrans Townsville Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Chemtrans Townsville Enterprise Agreement 2024 (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 Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in 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 substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2024. The nominal expiry date of the Agreement is 1 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission considered an application for the approval of the Chemtrans Townsville Enterprise Agreement 2024. The applicant, K&S Freighters Pty Ltd, sought the commission's approval for the agreement, which was negotiated with the Maritime Union of Australia. The agreement was intended to cover employees engaged in the transportation of bulk liquid and dry cargo in the Port of Townsville. The legal issues before the commission included whether the agreement met the procedural requirements for approval, whether it complied with the Fair Work Act 2009, and whether it was in the best interests of the employees it covered.

The commission examined the negotiation process, the content of the agreement, and the implications for the employees. The commission noted that the agreement had been negotiated in good faith and that the parties had made genuine efforts to reach an agreement. The commission also considered whether the agreement provided fair and reasonable terms and conditions for the employees. The commission was satisfied that the agreement met the procedural requirements for approval and that it complied with the relevant provisions of the Fair Work Act. The commission concluded that the agreement was in the best interests of the employees, as it provided them with fair and reasonable terms and conditions of employment.

The commission approved the Chemtrans Townsville Enterprise Agreement 2024, noting that it provided for a fair and reasonable balance of rights and obligations for both the employer and the employees. The commission found that the agreement provided for a reasonable period of notice for termination of employment, adequate provisions for redundancy and other termination benefits, and provisions for the protection of employees' rights and entitlements. The commission was satisfied that the agreement would promote harmonious, productive, and cooperative workplace relations and that it was in the best interests of the employees it covered. The commission approved the agreement, and it will now be registered with the Fair Work Commission.

K&S Freighters Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established