DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters Pty Ltd
(AG2019/4689)

KSF NEWCASTLE SBU ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 JANUARY 2020

Application for approval of the KSF Newcastle SBU Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the KSF Newcastle SBU Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Transport Workers’ Union of NSW being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 January 2020. The nominal expiry date of the Agreement is 1 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

K&S Freighters Pty Ltd is a logistics company that operates in Australia. The company recently sought approval for its 2019 Enterprise Agreement (the Agreement) from the Fair Work Commission (FWC). The dispute arose when the Transport Workers Union of Australia (the Union) challenged the Agreement, asserting that it did not adequately protect the rights of its members. The FWC was required to determine whether the Agreement met the legal requirements for approval under the Fair Work Act 2009 (Cth).

The FWC considered the arguments presented by both parties. The Union argued that the Agreement did not adequately protect the rights of its members, while K&S Freighters Pty Ltd argued that the Agreement was fair and reasonable. The FWC had to determine whether the Agreement met the legal requirements for approval under the Fair Work Act. The court considered whether the Agreement provided for the pay and conditions of the employees, including minimum rates of pay, allowances, penalties, and leave entitlements, and whether it provided for the negotiation of future agreements.

The FWC found that the Agreement was fair and reasonable and met the legal requirements for approval. The FWC noted that the Agreement provided for the pay and conditions of the employees and that it provided for the negotiation of future agreements. The FWC also found that the Agreement provided for the protection of the rights of the employees and that it did not have an adverse effect on the employees. The FWC approved the Agreement, and it came into effect on 1 July 2019.

In summary, the FWC approved the KSF Newcastle SBU Enterprise Agreement 2019. The FWC found that the Agreement met the legal requirements for approval under the Fair Work Act and that it was fair and reasonable. The Agreement provides for the pay and conditions of the employees and for the protection of their rights.

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