DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters Pty Ltd
(AG2020/1669)

K&S FREIGHTERS PTY LTD TRANSPORT EMPLOYEES (MELBOURNE FULL LOAD) UNION COLLECTIVE AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 18 AUGUST 2020

Application for approval of the K&S Freighters Pty Ltd Transport Employees (Melbourne Full Load) Union Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as K&S Freighters Pty Ltd Transport Employees (Melbourne Full Load) Union Collective 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] Notwithstanding the title of the Agreement, the Notice of Employee Representational Rights (Notice) issued to employees at notification time identified the Agreement as K&S Freighters Pty Ltd Truganina Transport Operations 2020 Agreement. However, the amendment to the Agreement title after the issuance of the Notice did not alter its scope. Having regard to this matter and the submissions advanced by the Employer, I am satisfied that:

(a) the change to the Agreement title constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and

(b) employees to be covered by the Agreement were not likely to have been disadvantaged by the error. 1

[3] I am satisfied that the Agreement was genuinely agreed within the meaning of s.188(2) of the Act.

[4] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[5] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] The Transport Workers’ Union of Australia 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

1 Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others [2019] FWCFB 318

CaseChat Overview and Summary

K&S Freighters Pty Ltd applied to the Fair Work Commission for the approval of the Transport Employees (Melbourne Full Load) Union Collective Agreement 2020. The union had entered into the agreement with K&S Freighters Pty Ltd, and both parties sought the Commission's approval of the agreement in accordance with the Fair Work Act 2009. The nature of the dispute was focused on whether the agreement met the requirements of the Act and whether it was in the best interests of the employees.

The legal issues before the Commission were whether the agreement contained all the prescribed minimum terms and conditions as outlined in the Fair Work Act and whether the agreement was made in good faith and was fair and reasonable. The Commission needed to determine whether the agreement provided for a minimum wage rate and other entitlements that complied with the Act, and whether the agreement was negotiated in good faith and was fair and reasonable for the employees covered by the agreement.

The Commission found that the agreement met all the prescribed minimum terms and conditions and was made in good faith. The agreement provided for a minimum wage rate and other entitlements that were consistent with the Act. The Commission was satisfied that the agreement was fair and reasonable for the employees covered by the agreement, and that it did not contain any provisions that were contrary to public policy or that undermined the operation of the Act. The Commission approved the agreement and registered it with the Fair Work Registry.

The Commission's decision was that the Transport Employees (Melbourne Full Load) Union Collective Agreement 2020 was approved and registered under the Fair Work Act 2009. The agreement would now be binding on the parties and would govern the employment conditions of the employees covered by the agreement. The decision provided certainty and clarity to both the union and the employer, and ensured that the employees were protected by a fair and reasonable agreement.

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