DECISION

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

K&S Freighters Pty Ltd
(AG2015/1357)

SYDNEY CHEMTRANS DRIVERS ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 16 JUNE 2015

Application for approval of the Sydney Chemtrans Drivers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sydney 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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 23 June 2015. The nominal expiry date is 10 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were K&S Freighters Pty Ltd, the employer, and the drivers of the company who were represented by the Maritime Union of Australia. The dispute centred around the application for approval of the Sydney Chemtrans Drivers Enterprise Agreement 2015. The Fair Work Commission (FWC) was tasked with deciding whether the agreement should be approved under the Fair Work Act 2009.

The primary legal issues that the FWC had to resolve were whether the agreement met the procedural requirements for approval, including if the drivers were appropriately represented and if the agreement had been negotiated in good faith. Additionally, the FWC needed to determine if the terms and conditions of the agreement were fair and reasonable, taking into account the principles of the Fair Work Act.

The FWC found that the agreement was appropriately negotiated and that the Maritime Union of Australia was the appropriate representative for the drivers. The FWC also concluded that the agreement was fair and reasonable, taking into account the nature of the work, the economic circumstances of the parties, and the need to promote productivity, efficiency, and flexibility in the workplace. The FWC approved the agreement, finding that it met the criteria for approval under the Fair Work Act.

The final orders of the FWC included the approval of the Sydney Chemtrans Drivers Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to all drivers employed by K&S Freighters Pty Ltd in the Sydney Chemtrans division. The decision also included provisions for the review and variation of the agreement in the future, as well as the resolution of any disputes that may arise under the agreement.

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