DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters Pty Ltd
(AG2018/5098)

K&S FREIGHTERS PTY LTD MAINTENANCE EMPLOYEES (TRUGANINA WORKSHOP) ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 MARCH 2019

Application for approval of the K&S Freighters Pty Ltd Maintenance Employees (Truganina Workshop) Enterprise Agreement 2017.

[1] K&S Freighters Pty Ltd has made an application for approval of an enterprise agreement known as the K&S Freighters Pty Ltd Maintenance Employees (Truganina Workshop) Enterprise Agreement 2017 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 29 March 2019 and, in accordance with s 54, will operate from 5 April 2019. The nominal expiry date of the Agreement is 30 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves K&S Freighters Pty Ltd, an employer, and its maintenance employees, who sought approval of an enterprise agreement. The dispute was brought before the Fair Work Commission (FWC), Australia’s independent statutory body responsible for the resolution of workplace disputes. The Maintenance Employees of K&S Freighters sought to have their proposed enterprise agreement recognised and approved by the Commission, which would formalise the terms and conditions of their employment.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval. This included assessing whether the agreement was genuinely negotiated, whether it included minimum terms as stipulated by the Fair Work Act 2009, and whether it was in the best interests of the employees. Additionally, the Commission had to consider if the agreement complied with procedural fairness and if it was free from any improper conduct that might have influenced its negotiation or outcome.

The Commission conducted a thorough review of the proposed enterprise agreement. It examined the negotiation process, the contents of the agreement, and the compliance with legislative requirements. The Commission found that the agreement was genuinely negotiated and included all the necessary minimum terms. It was also satisfied that the agreement was in the best interests of the employees and was procedurally fair. Consequently, the Commission approved the K&S Freighters Pty Ltd Maintenance Employees (Truganina Workshop) Enterprise Agreement 2017, which was registered on the relevant date.

In conclusion, the Fair Work Commission approved the enterprise agreement, ensuring that the terms and conditions of employment for the maintenance employees of K&S Freighters were legally binding. This decision underscored the importance of fair and genuine negotiation processes in the formation of enterprise agreements within the Australian industrial relations framework.

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