DECISION

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

K & S Freighters Pty Ltd
(AG2016/212)

K&S FREIGHTERS (D&M OIL NSW) TRANSPORT WORKERS COLLECTIVE AGREEMENT 2015

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 14 MARCH 2016

Application for approval of the K&S Freighters (DTM Oil NSW) Transport Workers Collective Agreement 2015

[1] An application has been made by K&S Freighters Pty Ltd (the applicant) for the approval of an enterprise agreement known as the K&S Freighters (DTM Oil NSW) Transport Workers Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Agreement covers employees engaged by the employer in the distribution of oil products within the applicant’s New South Wales sites. As per s.186(3) of the Act, I am satisfied that the group of employees covered by the Agreement was fairly chosen based on the operational distinction of the employees.

[3] The Transport Workers’ Union of Australia, NSW Branch (TWU) being a bargaining representative for the Agreement has filed a statutory declaration (F18) in support of the approval of the Agreement.

Signed copy of the Agreement

[4] The accompanying Agreement to the application was signed by a representative of the employer covered by the Agreement and an employee representative covered by the Agreement; however, the signatures were not accompanied with each of the signatories’ addresses as prescribed under regulation 2.06A of the Fair Work Regulations 2009 (the Regulations).

[5] The applicant advised that this was an oversight and resubmitted the signature page of the Agreement with the requisite addresses. I am satisfied, as per s.185(2)(a) of the Act that the Agreement is signed copy of the Agreement meeting the prescribed requirements of regulation 2.06A of the Regulations.

Better Off Overall Test

[6] The Road Transport and Distribution Award 2010 (the Award) is the relevant reference instrument with respect to the better off overall test (BOOT) as required under s.186 of the Act. The rates of pay under the Agreement are significantly higher than the corresponding minimum rates of pay under the Award. The Agreement incorporates the Award.

Approval

[7] Taking into account the higher rate of pay under the Agreement when compared to the Award, I am satisfied that the Agreement results in employees being better off under the Agreement.

[8] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[9] The TWU has given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this employee organisation.

[10] The Agreement is approved. In accordance with s.54(1), the Agreement will operate from 21 March 2016. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

K & S Freighters Pty Ltd was a party to a dispute regarding the approval of the K&S Freighters (DTM Oil NSW) Transport Workers Collective Agreement 2015, which was submitted to the Fair Work Commission. The applicant, K & S Freighters, sought the Commission's approval for the proposed agreement, which outlined the terms and conditions of employment for its transport workers in New South Wales. The respondent, the Transport Workers Union of Australia, opposed the application, arguing that the agreement did not adequately address certain aspects of the workers' entitlements and conditions.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it provided a safety net for the employees that was no less favourable than the applicable award or registered agreement. The Commission had to assess whether the agreement appropriately balanced the rights and obligations of both the employer and the employees, and if it provided for the fair and reasonable resolution of workplace disputes.

The Commission found that the proposed agreement satisfied the statutory requirements for approval and provided a safety net that was no less favourable than the applicable award. The Commission noted that the agreement contained provisions that addressed the key concerns raised by the respondent and provided for the fair and reasonable resolution of workplace disputes. In particular, the Commission was satisfied that the agreement provided for adequate protections for the employees, including provisions for minimum rates of pay, leave entitlements, and the handling of workplace disputes. The Commission approved the application and confirmed the K&S Freighters (DTM Oil NSW) Transport Workers Collective Agreement 2015 as a registered agreement under the Fair Work Act 2009.

The final orders of the Commission included the approval of the proposed agreement, which would now be registered as a collective agreement under the Fair Work Act. The agreement would govern the terms and conditions of employment for the transport workers of K & S Freighters in New South Wales, and would remain in effect until it was terminated, varied, or replaced by a new agreement. The Commission's decision provided certainty for both the employer and the employees, and ensured that the agreement met the statutory requirements for approval and provided a fair and reasonable safety net for the workers.

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