K&S Freighters Pty Ltd

[2014] FWCA 8034

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

K&S Freighters Pty Ltd
(AG2014/6997)

K&S FREIGHTERS PTY LTD TRANSPORT EMPLOYEES COLLECTIVE AGREEMENT 2014 WESTERN AUSTRALIA (KEWDALE)

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 12 NOVEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known asthe K&S Freighters Pty Ltd Transport Employees Collective Agreement 2014 Western Australia (Kewdale) (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are K&S Freighters Pty Ltd and the Transport Workers Union of Australia. The dispute centres around the application for approval of the K&S Freighters Pty Ltd Transport Employees Collective Agreement 2014 Western Australia (Kewdale). The matter was heard by the Fair Work Commission of Australia.

The legal issues before the court were whether the provisions of the proposed agreement complied with the Fair Work Act 2009 and whether the agreement was in the best interests of the employees. The court had to consider the provisions of the agreement, including those relating to wages, working conditions, and dispute resolution mechanisms, to determine if they met the legal requirements and were fair and reasonable.

The court found that the proposed agreement was largely compliant with the Fair Work Act 2009 and was in the best interests of the employees. The court noted that the agreement provided for fair wages, reasonable working hours, and an effective dispute resolution process. The court was satisfied that the agreement provided adequate protections for employees and allowed for flexibility in the workplace. The application for approval of the agreement was therefore granted.

The final orders of the court included the approval of the K&S Freighters Pty Ltd Transport Employees Collective Agreement 2014 Western Australia (Kewdale), effective from the date of the decision. The court also ordered that the agreement be registered with the Fair Work Commission and that it be published on the Fair Work Ombudsman's website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established