K&S Freighters Pty Ltd

[2023] FWCA 970

[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

1. 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.

1. 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.

1. 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.

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 in accordance with s.54 of the Act.

COMMISSIONER

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