K&S Freighters Pty Ltd Summary

[2023] FWCA 2786

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

K&S Freighters Pty Ltd

(AG2023/2759)

K&S FREIGHTERS PTY LTD TRANSPORT EMPLOYEES (MELBOURNE FULL LOAD) UNION COLLECTIVE AGREEMENT 2022

Road transport industry
COMMISSIONER CRAWFORD	SYDNEY, 30 AUGUST 2023

Application for approval of the K&S Freighters Pty Ltd Transport Employees (Melbourne Full Load) Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the K&S Freighters Pty Ltd Transport Employees (Melbourne Full Load) Union Collective Agreement 2022 (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 Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 5 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.

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 will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

K&S Freighters Pty Ltd, a company engaged in the transport industry, sought approval of the Transport Employees (Melbourne Full Load) Union Collective Agreement 2022 from the Fair Work Commission. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly concerning the agreement's compliance with the public interest and other statutory requirements. The application was brought before the Fair Work Commission, an independent statutory body with jurisdiction over workplace relations matters.

The primary legal issues the Commission had to address were whether the agreement was bona fide and whether it was in the public interest to approve it. The Commission also needed to consider if the agreement adequately covered essential terms and conditions of employment, such as wages, hours of work, leave provisions, and other employment-related matters. Additionally, the Commission examined whether the agreement complied with the requirements for public interest considerations, including its impact on economic efficiency, productivity, and the broader labour market.

The Commission found that the agreement was indeed bona fide, as it was genuinely negotiated between the employer and the union. The terms and conditions outlined in the agreement were deemed fair and balanced, addressing the needs of both the employees and the employer. The Commission was satisfied that the agreement promoted economic efficiency and productivity without unduly disadvantaging the broader labour market. Consequently, the Commission concluded that approving the agreement was in the public interest, and it granted the application for approval.

The Fair Work Commission approved the Transport Employees (Melbourne Full Load) Union Collective Agreement 2022, setting forth detailed terms and conditions for employees working under the agreement. The approval ensures that the agreement will be legally binding on the parties involved, providing a framework for fair and equitable employment practices in the transport industry.

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