K&S Freighters Pty Ltd Summary

[2025] FWCA 1964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

K&S Freighters Pty Ltd

(AG2025/1650)

Road transport industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 13 JUNE 2025

Application for approval of the Newcastle Drivers Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Newcastle Drivers Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by K&S Freighters Pty Ltd trading as K&S Freighters Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

I note that Clause 5.2 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the NES. Where there is inconsistency between the Agreement and the NES, and the NES provides greater benefits, the NES provision will apply to the extent of the inconsistency.

The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

K&S Freighters Pty Ltd applied for approval of the Newcastle Drivers Enterprise Agreement 2024 under section 185 of the Fair Work Act 2009. The Fair Work Commission, led by Deputy President Roberts, was tasked with assessing the application. The agreement in question is a single-enterprise agreement between K&S Freighters Pty Ltd and its employees, with a particular focus on drivers based in Newcastle. The Transport Workers’ Union of Australia (TWU) expressed its intention for the agreement to cover its members, as required under section 201(2) of the Act.

The legal issues before the court involved verifying whether the application met the requirements set forth in sections 186, 187, and 188 of the Fair Work Act. Additionally, the court had to consider the compatibility of the agreement with the National Employment Standards (NES) and whether the agreement adequately covered the union members as per section 201(2) of the Act.

Deputy President Roberts found that the application met all the statutory requirements. Notably, the agreement includes a clause that ensures it is interpreted in conjunction with the NES, with the NES prevailing in cases of inconsistency where it offers greater benefits. The agreement's coverage of TWU members was also confirmed. Consequently, the Fair Work Commission approved the agreement, which will be in effect until 1 September 2027.

K&S Freighters Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established