DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters Pty Ltd
(AG2015/444)

K&S FREIGHTERS PTY LTD TRANSPORT EMPLOYEES COLLECTIVE AGREEMENT 2014 (PORTLAND)

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 25 MARCH 2015

Application for approval of the K&S Freighters Pty Ltd Transport Employees Collective Agreement 2014 (Portland).

[1] An application has been made for approval of an enterprise agreement known as the K&S Freighters Pty Ltd Transport Employees Collective Agreement 2014 (Portland) (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 Company). The agreement is a single-enterprise agreement.

[2] On 24 March 2015 undertakings were provided by Ms K Evans, General Manager Human Resources of the Company, in relation to clause 13 (Redundancy) and clause 21 (Consultation Term) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has 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 wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2015. The nominal expiry date of the Agreement is 14 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, K&S Freighters Pty Ltd, sought approval of the Transport Employees Collective Agreement 2014 (Portland) under section 234 of the Fair Work Act 2009. The applicant, a company operating in the transport industry, proposed the agreement to regulate the terms and conditions of employment for its employees. The dispute centred around whether the agreement met the necessary criteria for approval, including its compliance with the provisions of the Fair Work Act and its alignment with the overarching principles of the Fair Work system.

The legal issues before the Commission were whether the agreement adequately provided for the employees' minimum entitlements, whether it contained appropriate dispute resolution processes, and whether it adhered to the procedural fairness requirements. The Commission needed to ensure that the agreement did not undermine the safety net of minimum entitlements, allowed for fair and effective dispute resolution, and was made in compliance with procedural fairness principles. Furthermore, the Commission had to consider whether the agreement was genuinely negotiated and reflected the interests of both parties.

After examining the terms of the proposed agreement, the Commission determined that it met the statutory requirements for approval. The agreement was found to provide for the minimum entitlements set out in the relevant awards and modern awards, ensuring that employees were not disadvantaged. The Commission also noted that the agreement included appropriate dispute resolution mechanisms, which were fair and effective in resolving employment-related issues. Additionally, the procedural fairness aspects were upheld as the agreement was genuinely negotiated and reflected the interests of both the employer and the employees. Given these findings, the Commission approved the Transport Employees Collective Agreement 2014 (Portland), emphasising the importance of such agreements in maintaining a fair and balanced industrial relations system.

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