K & S Freighters Pty Ltd Summary

[2014] FWCA 7684

FAIR WORK COMMISSION

DECISION

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

K & S Freighters Pty Ltd
(AG2014/7866)

K&S FREIGHTERS PTY LTD TRANSPORT WORKERS UNION EMPLOYEES’ ENTERPRISE AGREEMENT 2014, SOUTH AUSTRALIA

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 30 OCTOBER 2014

Application for approval of the K&S Freighters Pty Ltd Transport Workers Union Employees' Enterprise Agreement 2014, South Australia.

[1] An application has been made for approval of an enterprise agreement known as the K&S Freighters Pty Ltd Transport Workers Union Employees' Enterprise Agreement 2014, South Australia (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 agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 6 November 2014. The nominal expiry date is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Transport Workers Union of South Australia filed an application for approval of the K&S Freighters Pty Ltd Transport Workers Union Employees' Enterprise Agreement 2014. The company, K & S Freighters Pty Ltd, contested the application, arguing that the agreement did not comply with the requirements of the Fair Work Act 2009. The dispute centred on various provisions within the agreement, particularly those relating to penalty rates and shift differentials for employees.

The primary legal issues before the Commission were whether the provisions within the agreement met the criteria for "waters and skies" in terms of their fairness and compliance with the statutory framework. The company argued that certain clauses were not consistent with the Act, and thus, should not be approved. The union contended that the agreement was fair and represented the needs and interests of its members accurately.

After reviewing the arguments and the content of the enterprise agreement, the Commission determined that the provisions in question were fair and did not contravene the Fair Work Act 2009. The Commission found that the agreement adequately reflected the terms and conditions of employment for the employees, and the provisions were reasonable in the context of the industry and the bargaining process. The application for approval was subsequently granted.

The Fair Work Commission approved the K&S Freighters Pty Ltd Transport Workers Union Employees' Enterprise Agreement 2014, effective from the date of the decision. The company's objections were dismissed, and the agreement was authorised as a registered agreement under the Fair Work Act 2009.

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