K&S Freighters Pty Ltd Summary

[2014] FWCA 8568

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters Pty Ltd
(AG2014/7480)

K&S FREIGHTERS PTY LTD LINEHAUL DRIVERS’ ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 28 NOVEMBER 2014

Application for approval of the K&S Freighters Pty Ltd Linehaul Drivers’ Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the K&S Freighters Pty Ltd Linehaul Drivers’ Enterprise 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 28 November 2014 undertakings were provided by Ms K Evans, the Company’s General Manager Human Resources. 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 5 December 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Freight and Transport Association, acting on behalf of K&S Freighters Pty Ltd, applied for the approval of the K&S Freighters Pty Ltd Linehaul Drivers’ Enterprise Agreement 2014. The application was made under section 233 of the Fair Work Act 2009. The applicant sought to have the agreement registered, which would allow it to be used as a safety net for employees of K&S Freighters Pty Ltd.

The main legal issue the commission needed to consider was whether the agreement satisfied the requirements of section 230 of the Act. This section stipulates that an enterprise agreement must meet certain criteria, such as being in writing, covering a particular enterprise or group of employees, and not containing provisions that are contrary to public policy. Additionally, the commission had to assess whether the agreement was made in good faith and whether it had been properly negotiated.

The commission found that the agreement satisfied all the necessary requirements for approval. The agreement was in writing and clearly covered the intended enterprise and group of employees. The commission also determined that the agreement was made in good faith and had been properly negotiated between the parties. Furthermore, the commission was satisfied that the agreement did not contain any provisions that were contrary to public policy. As a result, the commission approved the agreement under section 233 of the Act.

The Fair Work Commission approved the K&S Freighters Pty Ltd Linehaul Drivers’ Enterprise Agreement 2014. The agreement was registered and can now be used as a safety net for the employees of K&S Freighters Pty Ltd. The commission determined that the agreement met all the necessary requirements and was made in good faith and properly negotiated. The commission also found that the agreement did not contain any provisions that were contrary to public policy.

K&S Freighters Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established