DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters Pty Ltd
(AG2016/3939)

PORT KEMBLA WORKSHOP EMPLOYEES AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 17 AUGUST 2016

Application for approval of the Port Kembla Workshop Employees Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Port Kembla Workshop Employees Agreement 2016 (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. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2016. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by K&S Freighters Pty Ltd for the approval of the Port Kembla Workshop Employees Agreement 2016. The applicants sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant provisions of the Act and if it had been genuinely agreed to by the parties involved.

The legal issues before the court centred around whether the agreement met the criteria for registration as a modern award. Specifically, the Commission had to assess whether the agreement provided for a fair and equitable outcome for employees, whether it had been negotiated in good faith, and if it complied with the procedural requirements set out in the Fair Work Act. The Commission also needed to consider whether the agreement provided for the minimum entitlements required under the relevant modern awards.

In reaching its decision, the Fair Work Commission examined the terms of the agreement and the process by which it was negotiated. The Commission found that the agreement met the necessary criteria for registration, as it provided for minimum entitlements that were not less favourable than those in the relevant modern awards. The Commission was also satisfied that the agreement had been negotiated in good faith and that the process complied with the requirements of the Fair Work Act. Consequently, the Commission approved the agreement as a registered agreement.

The Fair Work Commission's decision to approve the Port Kembla Workshop Employees Agreement 2016 provides clarity for employers and employees regarding the terms of their employment and the rights and obligations of both parties. The Commission's decision also reinforces the importance of good faith negotiations and compliance with the requirements of the Fair Work Act when entering into enterprise agreements.

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