K&S Freighters Pty Ltd

[2014] FWCA 6725

FAIR WORK COMMISSION

DECISION

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

K&S Freighters Pty Ltd
(AG2014/6996)

TRANSPORT WORKERS/K&S FREIGHTERS STEEL BUSINESS UNIT (VICTORIA) ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 24 SEPTEMBER 2014

Application for approval of the Transport Workers/K&S Freighters Steel Business Unit (Victoria) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Transport Workers/K&S Freighters Steel Business Unit (Victoria) Enterprise Agreement 2014 (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 Victorian/Tasmanian Branch (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 Fair Work Commission received correspondence dated 9 September 2014, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager Human Resources, proposed to the FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] 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 30 June 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Transport Workers/K&S Freighters Steel Business Unit (Victoria) Enterprise Agreement 2014. The applicant, K&S Freighters Pty Ltd, sought approval of the agreement under the Fair Work Act 2009. The respondents included the Transport Workers Union of Australia and the Steel Business Unit employees of K&S Freighters. The dispute centred on whether the enterprise agreement met the legal criteria for approval, particularly in relation to its compliance with the Fair Work Act and the protection of employee rights.

The central legal issues the Commission had to address were whether the agreement was a genuine enterprise agreement, whether it complied with the mandatory terms and conditions set out in the Fair Work Act, and whether it appropriately balanced the interests of both employers and employees. The Commission had to examine the negotiation process, the content of the agreement, and its implications for employees' working conditions, wages, and other employment terms.

In considering these issues, the Commission found that the agreement had been genuinely negotiated between the parties and that it contained terms that were fair and reasonable. The Commission concluded that the agreement complied with the statutory requirements and provided adequate protections for employees. It was noted that the negotiation process was robust and that the terms of the agreement were in line with the Fair Work Act's objectives of promoting cooperative workplace relations and providing a safety net of minimum entitlements.

The Commission approved the Transport Workers/K&S Freighters Steel Business Unit (Victoria) Enterprise Agreement 2014, thereby resolving the dispute in favour of the applicant. The approval ensures that the agreement is legally binding and enforceable between the parties, providing a framework for the terms and conditions of employment within the Steel Business Unit.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established