DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters Pty Ltd
(AG2020/2221)

CHEMTRANS BRISBANE DRIVERS ENTERPRISE AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 3 SEPTEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement to be known as the Chemtrans Brisbane Drivers Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by K&S Freighters Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 2 September 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020 and Road Transport (Long Distance Operations) Award 2020 respectively), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2020. The nominal expiry date of the Agreement is 31 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved K&S Freighters Pty Ltd, a logistics company, and the Transport Workers Union of Australia. The dispute centred around the application for approval of the Chemtrans Brisbane Drivers Enterprise Agreement 2020, which was proposed to govern the employment terms of drivers in the Brisbane region. The Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009. The Transport Workers Union of Australia argued that the proposed agreement did not sufficiently protect the rights and interests of the drivers, while K&S Freighters Pty Ltd maintained that the agreement was fair and reasonable.

The primary legal issues before the Commission involved assessing whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act 2009. This included verifying that the agreement was genuinely negotiated between the parties, and that it met the minimum standards for wages, conditions, and dispute resolution. Additionally, the Commission had to consider whether the agreement provided adequate protections for employees, including provisions for minimum rates of pay, leave entitlements, and procedural fairness in the event of disputes.

In its decision, the Commission carefully examined the negotiation process and the terms of the proposed agreement. It found that the agreement had been genuinely negotiated between the parties and met the minimum standards for wages, conditions, and dispute resolution. The Commission also considered the evidence provided by the Transport Workers Union of Australia regarding the rights and interests of the drivers. Ultimately, the Commission determined that the agreement provided sufficient protections for the employees and was fair and reasonable. Consequently, the Commission approved the Chemtrans Brisbane Drivers Enterprise Agreement 2020.

The Fair Work Commission's decision concluded that the proposed enterprise agreement was in compliance with the requirements of the Fair Work Act 2009 and was approved as a registered agreement. The Commission's approval signified that the agreement could be implemented to govern the employment terms of the drivers in the Brisbane region.

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