DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K & S Freighters Pty Ltd
(AG2015/5953)

CHEMTRANS WESTERN AUSTRALIAN ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER LEE	MELBOURNE, 16 NOVEMBER 2015

Application for approval of the Chemtrans Western Australian Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Chemtrans Western Australian Enterprise Agreement 2015 (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. The Agreement is a single enterprise agreement.

[2] The Applicant sought that the wage rates be kept confidential between the parties. Pursuant to s.594(1) of the Act, I order that the wage rates be kept confidential between the parties.

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

[4] The Transport Workers’ Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2015. The nominal expiry date of the Agreement is 15 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

K & S Freighters Pty Ltd was involved in an application to the Fair Work Commission for the approval of the Chemtrans Western Australian Enterprise Agreement 2015. The application arose from a dispute between the employer, K & S Freighters Pty Ltd, and the employees represented by the Transport Workers Union of Australia, concerning the terms and conditions of employment as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009, particularly focusing on the provisions for minimum wages, penalty rates, and other employment conditions.

The central legal issue before the Commission was whether the Chemtrans Western Australian Enterprise Agreement 2015 complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement provided for fair and reasonable terms, including appropriate minimum wages and penalty rates, and if it adhered to procedural fairness in its creation. Additionally, the Commission needed to consider whether the agreement appropriately addressed the interests of both the employer and the employees.

The Fair Work Commission found that the Chemtrans Western Australian Enterprise Agreement 2015 met the necessary criteria under the Fair Work Act 2009. The Commission concluded that the agreement provided for fair and reasonable terms, including appropriate minimum wages and penalty rates, and that it adhered to procedural fairness. The Commission also noted that the agreement addressed the interests of both parties, providing a balanced outcome. As a result, the Commission approved the agreement, recognising its compliance with the statutory requirements and its potential to foster a fair working environment.

The final orders of the Commission were to approve the Chemtrans Western Australian Enterprise Agreement 2015, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement will govern the employment relationship between K & S Freighters Pty Ltd and the employees represented by the Transport Workers Union of Australia.

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