DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters Pty Ltd
(AG2014/8412)

BROOKES TRANSPORT EMPLOYEES COLLECTIVE AGREEMENT 2014

Road transport industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 15 JANUARY 2015

Application for approval of the Brookes Transport Employees Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Brookes Transport Employees Collective Agreement 2014 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from K&S Freighters Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 22 January 2015. The nominal expiry date of the Agreement is 30 September 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the case of K&S Freighters Pty Ltd, the Fair Work Commission was presented with an application to approve the Brookes Transport Employees Collective Agreement 2014. The applicant, K&S Freighters, sought to have the agreement registered under the Fair Work Act 2009. The dispute arose from negotiations between the employer and the union, which led to the creation of the collective agreement in question.

The central legal issues that the Commission needed to address included whether the agreement met the formal requirements for registration and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith and whether it contained provisions that were necessary to protect the rights and interests of the employees. Additionally, the Commission assessed whether the agreement provided for the proper representation of employees and if it adhered to the principles of enterprise bargaining as outlined in the Act.

After examining the evidence and submissions from both parties, the Commission found that the Brookes Transport Employees Collective Agreement 2014 was appropriately negotiated and met all the statutory requirements for registration. The agreement was deemed to be made in good faith, as it reflected the outcome of genuine negotiations between the employer and the union. Furthermore, the Commission concluded that the agreement contained provisions necessary to protect the rights and interests of the employees and that it provided for their proper representation. Therefore, the Commission approved the collective agreement for registration.

As a result of the decision, the Brookes Transport Employees Collective Agreement 2014 was registered, and the application by K&S Freighters was successful. The terms and conditions set out in the agreement would now govern the employment relationship between the employer and the unionised employees, subject to the provisions of the Fair Work Act.

K&S Freighters Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established