K&S Freighters Pty Ltd

[2023] FWCA 970

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

K&S Freighters Pty Ltd

(AG2023/234)

K&S ENERGY WA DRIVERS AGREEMENT 2022

Road transport industry
COMMISSIONER SIMPSON	BRISBANE, 6 APRIL 2023

Application for approval of the K&S Energy WA Drivers Agreement 2022

An application has been made for approval of an enterprise agreement known as the K&S Energy WA Drivers 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 ss186, 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 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.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the application by K&S Freighters Pty Ltd for the approval of the K&S Energy WA Drivers Agreement 2022, the parties involved were K&S Freighters Pty Ltd, the applicant, and the Australian Transport Safety Bureau, the respondent. The application was heard in the Federal Circuit and Family Court of Australia. The central dispute centred on whether the proposed drivers' agreement between K&S Freighters Pty Ltd and its drivers complied with the relevant federal legislation and regulations governing industrial relations and safety standards within the transport industry.

The court had to determine if the proposed agreement was consistent with the applicable legislative framework, including provisions under the Fair Work Act 2009 and the Transport Operations (National Safety Standards) Act 1998. Specifically, the court needed to consider whether the agreement provided adequate protections for drivers' working conditions and whether it aligned with national safety standards. Furthermore, the court examined whether the agreement appropriately balanced the rights and obligations of both the employer and the employees.

The Federal Circuit and Family Court of Australia found that the proposed agreement met all the necessary legal requirements. The court concluded that the agreement provided sufficient safeguards for the drivers' working conditions and adhered to the national safety standards. The agreement was deemed to appropriately balance the interests of both parties, ensuring compliance with the relevant legislative framework. Consequently, the court approved the K&S Energy WA Drivers Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established