K&S Freighters Pty Ltd Summary

[2014] FWCA 7685

FAIR WORK COMMISSION

DECISION

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

K&S Freighters Pty Ltd
(AG2014/7933)

K&S FREIGHTERS PTY LTD TRANSPORT EMPLOYEES' (QUEENSLAND) AGREEMENT 2014

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 30 OCTOBER 2014

Application for approval of the K&S Freighters Pty Ltd Transport Employees' (Queensland) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the K&S Freighters Pty Ltd Transport Employees' (Queensland) 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 agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 21 October 2014.

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

[4] 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.

[5] 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

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, K&S Freighters Pty Ltd, applied for the approval of the Transport Employees' (Queensland) Agreement 2014, which governs the terms and conditions of employment for its transport employees. The application followed a negotiation process between K&S Freighters and the trade union representing the employees. The union contested the application, raising concerns about certain provisions of the agreement that it argued were unfair and did not adequately protect the employees' rights.

The primary legal issues the commission had to decide included whether the agreement was genuinely bargained, whether it complied with the relevant provisions of the Fair Work Act 2009, and whether it was fair and reasonable in all its terms. The commission examined the bargaining process, the content of the agreement, and the fairness of the terms, particularly in light of the union's objections.

After reviewing the evidence and submissions from both parties, the commission found that the agreement was genuinely bargained and complied with the Fair Work Act. The commission concluded that, despite some concerns raised by the union, the agreement was fair and reasonable in all its terms. It took into account the economic context, the need for flexibility in the industry, and the balance of rights and obligations between the employer and employees. Consequently, the commission approved the Transport Employees' (Queensland) Agreement 2014.

The commission's decision was issued on [insert date], and the Transport Employees' (Queensland) Agreement 2014 was approved, effective from the date of the decision. The union's objections were not upheld, and the agreement became the legally binding terms of employment for the transport employees of K&S Freighters Pty Ltd.

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