K & S Freighters Pty Ltd

[2019] FWCA 5694

[2019] FWCA 5694

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

K & S Freighters Pty Ltd
(AG2019/2455)

CHEMTRANS TOWNSVILLE ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER HUNT	BRISBANE, 16 AUGUST 2019

Application for approval of the Chemtrans Townsville Enterprise Agreement 2019

[1] K & S Freighters Pty Ltd (K & S) has applied for approval of an enterprise agreement known as the Chemtrans Townsville Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with K & S, and as a result, K & S provided written undertakings. Pursuant to s.190(4) of the Act I sought the views of the Transport Workers’ Union (TWU) and the employee bargaining representative regarding the undertakings provided by K & S. Both the TWU and the employee bargaining representative considered that some minor amendments to K & S’s undertakings should be made.

[3] After receiving the TWU’s and employee bargaining representative’s views, K & S provided amended written undertakings addressing those concerns. A copy of the amended written undertakings is attached at Annexure A.

[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The TWU 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2019. The nominal expiry date of the Agreement is 1 April 2021.

COMMISSIONER

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Annexure A