K&S Freighters Pty Ltd
[2024] FWCA 35
•8 JANUARY 2024
| [2024] FWCA 35 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
K&S Freighters Pty Ltd
(AG2023/5047)
PORT KEMBLA CHEMTRANS DRIVERS ENTERPRISE AGREEMENT 2023
| Road transport industry | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 8 JANUARY 2024 |
Application for approval of the Port Kembla Chemtrans Drivers Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Port Kembla Chemtrans Drivers 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 K&S Freighters Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 18 August 2023 and the Agreement was made on 6 December 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Transport Workers' Union of Australia (TWU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
The Transport Workers' Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2024. The nominal expiry date of the Agreement is 1 May 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523002 PR769964>
0
0
0