K&S Freighters Pty Ltd
[2022] FWCA 146
•19 JANUARY 2022
| [2022] FWCA 146 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
K&S Freighters Pty Ltd
(AG2021/9066)
Transport Workers/K&S Freighters Steel Business Unit (Victoria) Enterprise Agreement 2021
| Road transport industry | |
| COMMISSIONER O'NEILL | MELBOURNE, 19 JANUARY 2022 |
Application for approval of the Transport Workers/K&S Freighters Steel Business Unit (Victoria) Enterprise Agreement 2021
K&S Freighters Pty Ltd has applied for approval of an enterprise agreement known as the Transport Workers/K&S Freighters Steel Business Unit (Victoria) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
The notice of vote distributed to employees did not disclose the place of the vote. Considering that all employees cast a valid vote, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the requirements of s.180(3) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.
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.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisation.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 23 – Personal Leave;
· Clause 26 – Public Holidays; and
· Clause 29(d) – Security of Employment.
However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2022. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE514649 PR737561>
0
0
0