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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

K & S Freighters Pty Ltd recently appeared before the Fair Work Commission in an application for approval of the Transport Employees (New South Wales Enfield Site) Agreement 2014. The applicant, K & S Freighters Pty Ltd, sought to have the agreement recognised as a registered workplace agreement under the Fair Work Act 2009. The dispute arose from negotiations between the applicant and its employees, represented by the Transport Workers Union of Australia. The union argued that the proposed agreement did not meet the necessary standards under the Act, specifically concerning procedural fairness and the right to engage in protected industrial action.

The legal issues before the Commission were whether the agreement was made in accordance with the procedural requirements of the Fair Work Act and whether it met the minimum standards set out in the Act. The union contested the validity of the agreement, asserting that there were procedural deficiencies in the bargaining process and that the agreement did not adequately protect employee rights. The Commission had to determine if the agreement was made fairly and in good faith and if it contained provisions that were compliant with the minimum terms and conditions specified by the Act.

In its decision, the Commission examined the evidence provided by both parties, focusing on the bargaining process and the content of the proposed agreement. The Commission found that there were procedural shortcomings in the negotiation process, including inadequate consultation with employee representatives. However, it also noted that the applicant had taken steps to remedy these issues and had made a genuine attempt to negotiate in good faith. Regarding the content of the agreement, the Commission determined that while there were areas of concern, the overall provisions met the minimum standards required by the Act. The Commission approved the agreement, subject to certain modifications to address the procedural concerns raised by the union. This outcome balanced the need for procedural fairness with the employer's right to negotiate terms and conditions of employment.

The final orders of the Commission included the approval of the Transport Employees (New South Wales Enfield Site) Agreement 2014, with conditions that required the applicant to address the procedural deficiencies and ensure compliance with the Act in future negotiations. The union's concerns were partially addressed by these conditions, ensuring that the agreement would be more aligned with the statutory requirements going forward.

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