K&S Freighters Pty Ltd
[2022] FWCA 1507
•4 MAY 2022
| [2022] FWCA 1507 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
K&S Freighters Pty Ltd
(AG2022/1211)
NEWCastle drivers Enterprise Agreement 2021
| Road transport industry | |
| COMMISSIONER P RYAN | SYDNEY, 4 MAY 2022 |
Application for approval of the Newcastle Drivers Enterprise Agreement 2021
On 22 April 2022, K&S Freighters Pty Ltd (the Employer) made an application for approval of an enterprise agreement known as the Newcastle Drivers Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Section 185(3)
Section 185(3) of the Act states that an application for approval of an agreement that is not a greenfields agreement, must be made ‘within 14 days after the agreement is made’, or if in all the circumstances the Commission considers it fair to extend the period, within such further period as the Commission allows.
The Form F17 states that the Agreement was made on 7 April 2022. The Application was therefore filed 1 day outside the 14-day period. The Employer submitted that the delay in filing the application was an administrative error relating to calculating the date for lodgement.
Having regard to all the circumstances, I consider it fair to exercise my discretion under s.185(3(b) of the Act to extend the time for application to be made until 22 April 2022.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.
Sections 186, 187 and 188
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
Section 183 Bargaining representative
The Transport Workers Union (TWU) being a bargaining representative for the Agreement, has given 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 that the Agreement covers the TWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 May 2022. The nominal expiry date of the Agreement is 1 September 2024.
COMMISSIONER
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