DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters Pty Ltd
(AG2020/2643)

CHEMTRANS SYDNEY DRIVERS ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 9 SEPTEMBER 2020

Application for approval of the Chemtrans Sydney Drivers Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Chemtrans Sydney Drivers Enterprise Agreement 2020 (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 Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2020. The nominal expiry date of the Agreement is 10 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of K&S Freighters Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Chemtrans Sydney Drivers Enterprise Agreement 2020. The applicant, K&S Freighters Pty Ltd, sought the Commission's endorsement of this enterprise agreement, which was negotiated between the employer and the drivers' union. The primary nature of the dispute centred around whether the agreement met the statutory requirements under the Fair Work Act 2009 and was fair and reasonable in its terms and conditions. The Commission needed to determine if the agreement complied with all relevant provisions of the Act and if it was appropriate for the workforce involved.

The legal issues before the Commission involved scrutinising the terms of the agreement to ensure they aligned with the legislative framework governing enterprise agreements. This included assessing whether the agreement had been genuinely bargained between the parties, if it contained the minimum mandatory terms as required by the Act, and if it provided for fair and reasonable terms for the employees. Additionally, the Commission examined whether the agreement met the good faith bargaining criteria and if it was free from any discriminatory provisions. The Commission also needed to consider any submissions from relevant stakeholders, including the drivers' union and the employer.

The Fair Work Commission, after carefully reviewing the terms of the agreement and the submissions from both parties, concluded that the Chemtrans Sydney Drivers Enterprise Agreement 2020 was compliant with the statutory requirements. The Commission found that the agreement was the result of genuine bargaining and contained all the necessary minimum terms. Furthermore, the agreement was deemed fair and reasonable for the drivers involved. The Commission determined that the agreement met the standards of good faith bargaining and did not include any discriminatory provisions. Consequently, the application for approval was granted, and the agreement was registered under the Act.

The final orders of the Commission included the approval and registration of the Chemtrans Sydney Drivers Enterprise Agreement 2020, effective from the date of the decision. This decision provides certainty and legal validity to the agreement, allowing it to govern the employment terms and conditions of the drivers employed by K&S Freighters Pty Ltd.

K&S Freighters Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established