K & S Freighters Pty Ltd

[2015] FWCA 399

[2015] FWCA 399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K & S Freighters Pty Ltd
(AG2014/10390)

K & S FREIGHTERS PTY LTD TRANSPORT EMPLOYEES (NEW SOUTH WALES ENFIELD SITE) AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 15 JANUARY 2015

Application for approval of the K & S Freighters Pty Ltd Transport Employees (New South Wales Enfield Site) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the K & S Freighters Pty Ltd Transport Employees (New South Wales Enfield Site) Agreement 2014 (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 13 January 2015 an undertaking was provided by Ms K Evans, National Human Resources Manager of the Company, in relation to clause 22 (Consultation Term) 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 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 22 January 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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Annexure A