DECISION

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

K&S Freighters Pty Ltd
(AG2015/5084)

PORT KEMBLA CHEMTRANS DRIVERS ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 16 OCTOBER 2015

Application for approval of the Port Kembla Chemtrans Drivers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Port Kembla Chemtrans Drivers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by K&S Freighters Pty Ltd. The Agreement is a single-enterprise agreement.

[2] On 9 October 2015 an undertaking was provided by Ms K Evans, the Company’s General Manager Human Resources, in relation to clause 21 (Redundancy) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia 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, will operate from 23 October 2015. The nominal expiry date is 10 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of K&S Freighters Pty Ltd involved the application for approval of the Port Kembla Chemtrans Drivers Enterprise Agreement 2015, a matter heard in the Fair Work Commission. The dispute centred around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. K&S Freighters Pty Ltd sought to have the agreement approved, while another party contested the application.

The key legal issues the court needed to address were whether the agreement provided for a fair and efficient workplace, if it met the requirements for genuine bargaining, and if the agreement was made in good faith. The court had to consider the terms and conditions of the agreement, as well as the process by which it was negotiated. The central question was whether the agreement was consistent with the objectives of the Fair Work Act, which include promoting high levels of employment and the welfare of employees.

In its reasoning, the court examined the evidence provided by the parties and the provisions of the Fair Work Act. The court found that the agreement was negotiated in good faith and provided for fair and efficient workplace arrangements. The court also determined that the agreement met the requirements for genuine bargaining. Consequently, the court approved the Port Kembla Chemtrans Drivers Enterprise Agreement 2015. The decision emphasised the importance of ensuring that enterprise agreements are fair and promote harmonious industrial relations.

The final orders of the court were that the Port Kembla Chemtrans Drivers Enterprise Agreement 2015 was approved and registered with the Fair Work Commission. The agreement was to be deemed to have effect from the date of the decision, and all parties were directed to comply with its terms. The court's decision provided clarity on the requirements for approving enterprise agreements and reinforced the principles of fair and effective industrial relations.

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