DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters Pty Ltd
(AG2015/4261)

NEWCASTLE DRIVERS ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 24 AUGUST 2015

Application for approval of the Newcastle Drivers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Newcastle 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] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 20 August 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.

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

[5] 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 31 August 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 involves K&S Freighters Pty Ltd and its drivers, with the Fair Work Commission (FWC) acting as the court. The dispute concerns the approval of the Newcastle Drivers Enterprise Agreement 2015. The primary issue before the FWC was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the FWC had to determine whether the agreement complied with the good faith bargaining provisions, and whether it met the procedural requirements for making such agreements. The FWC also needed to consider whether the agreement was in the best interests of the employees it covered.

In reaching its decision, the FWC examined the bargaining process, including whether the parties had genuinely attempted to reach an agreement through bargaining. The FWC also considered the terms of the agreement, including the fairness and reasonableness of the proposed terms and conditions. Furthermore, the FWC assessed whether the agreement provided appropriate protections for employees and whether it was consistent with the broader objectives of the Fair Work Act. The FWC concluded that the agreement was made in good faith and satisfied the procedural requirements. It was found to be fair and reasonable, providing adequate protections for the employees.

The FWC approved the Newcastle Drivers Enterprise Agreement 2015, finding that it met all statutory requirements. The FWC determined that the agreement was in the best interests of the employees it covered and was consistent with the principles of the Fair Work Act. The approval was based on the evidence of genuine bargaining efforts and the overall fairness of the terms. The FWC noted the importance of the agreement in providing a stable and fair working environment for the drivers. The FWC's decision was made in the context of promoting fair work practices and ensuring that employees' rights and interests were adequately protected.

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