K&S Freighters Pty Ltd

[2024] FWCA 137

[2024] FWCA 137

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

K&S Freighters Pty Ltd

(AG2023/4615)

K&S FREIGHTERS MOUNT GAMBIER TRANSPORT WORKERS AGREEMENT 2023

Road transport industry
COMMISSIONER THORNTON	ADELAIDE, 11 JANUARY 2024

Application for approval of the K&S Freighters Mount Gambier Transport Workers Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the K&S Freighters Mount Gambier Transport Workers 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 K&S Freighters Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The Applicant has 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. 

1. Noting the undertakings provided, and considering clause 3.1 as the NES precedence clause, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 18 January 2024. The nominal expiry date of the Agreement is 18 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A