K&S Freighters Pty Ltd

[2024] FWCA 1362

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

K&S Freighters Pty Ltd

(AG2024/1091)

CHEMTRANS WESTERN AUSTRALIAN ENTERPRISE AGREEMENT 2023

Road transport industry
DEPUTY PRESIDENT DEAN	CANBERRA, 16 APRIL 2024

Application for approval of the Chemtrans Western Australian Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Chemtrans Western Australian Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the K&S Freighters Pty Ltd. The Agreement is a single enterprise agreement.

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

The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2024. The nominal expiry date of the Agreement is 1 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

K&S Freighters Pty Ltd applied to the Fair Work Commission for approval of the Chemtrans Western Australian Enterprise Agreement 2023. The applicant sought to have the agreement approved as a modern award, which would apply to their employees. The dispute centred on whether the agreement complied with the relevant legislative requirements and whether it was in the best interests of the employees it sought to cover.

The Commission had to consider whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing if the agreement provided for the terms and conditions of employment of the employees covered by it, and whether it was made in good faith and without coercion. The Commission also needed to determine if the agreement was in the best interests of the employees, which required considering the benefits and detriments of the agreement to those employees.

The Fair Work Commission found that the Chemtrans Western Australian Enterprise Agreement 2023 met all the legislative requirements for approval. The agreement provided for the terms and conditions of employment, was made in good faith, and without coercion. The Commission was also satisfied that the agreement was in the best interests of the employees it covered. Consequently, the Commission approved the agreement as a modern award.

The Commission's final orders included the approval of the Chemtrans Western Australian Enterprise Agreement 2023 as a modern award, which would apply to the employees of K&S Freighters Pty Ltd. The approval was effective from the date of the decision and would remain in force until such time as it was varied or replaced under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established