K&S Freighters Pty Ltd

Case

[2023] FWCA 2805

1 SEPTEMBER 2023


[2023] FWCA 2805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

K&S Freighters Pty Ltd

(AG2023/2763)

K&S ENERGY (TOWNSVILLE AND CAIRNS) DRIVERS ENTERPRISE AGREEMENT 2023

Road transport industry

COMMISSIONER CRAWFORD

SYDNEY, 1 SEPTEMBER 2023

Application for approval of the K&S Energy (Townsville and Cairns) Drivers Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as K&S Energy (Townsville and Cairns) 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.

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

  1. Noting clause 6.2 of the Agreement, 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 from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER
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