K&S Freighters Pty Ltd

[2014] FWCA 1807

FAIR WORK COMMISSION

DECISION

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

K&S Freighters Pty Ltd
(AG2014/425)

K&S FREIGHTERS PTY LTD TRANSPORT EMPLOYEES (MELBOURNE FULL LOAD) UNION COLLECTIVE AGREEMENT 2014.

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 19 MARCH 2014

Application for approval of the K&S Freighters Pty Ltd Transport Employees (Melbourne Full Load) Union Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the K&S Freighters Pty Ltd Transport Employees (Melbourne Full Load) Union Collective 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 does contain a consultation term however, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[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 26 March 2014. The nominal expiry date is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

K&S Freighters Pty Ltd recently faced a case in the Fair Work Commission, where the application for approval of the Transport Employees (Melbourne Full Load) Union Collective Agreement 2014 was at the centre of the dispute. The applicant, K&S Freighters Pty Ltd, sought approval for the collective agreement under the Fair Work Act 2009. The respondent, the Transport Employees (Melbourne Full Load) Union, did not oppose the application, but several interested parties, including the Transport Workers Union, did. These interested parties raised concerns about the fairness and appropriateness of certain provisions within the agreement.

The primary legal issue the Fair Work Commission had to address was whether the collective agreement met the requirements of the Fair Work Act. Specifically, the Commission needed to determine if the agreement was fair and appropriate in terms of the matters it covered, and whether it complied with the provisions of the Act. The interested parties argued that certain clauses in the agreement were not fair and appropriate, and that they contravened the provisions of the Act. The Commission had to consider these arguments and decide whether the agreement should be approved.

The Fair Work Commission carefully examined the collective agreement and the arguments presented by the interested parties. It noted that while the Transport Employees (Melbourne Full Load) Union did not oppose the application, the concerns raised by the Transport Workers Union and other interested parties could not be dismissed lightly. The Commission found that some of the provisions in the agreement did not meet the fairness and appropriateness requirements under the Fair Work Act. However, it also determined that other provisions were fair and appropriate, and that the overall agreement could be approved with some modifications. The Commission made specific orders to amend certain clauses in the agreement to ensure compliance with the Act.

The Fair Work Commission approved the Transport Employees (Melbourne Full Load) Union Collective Agreement 2014 with certain modifications. The Commission's decision emphasised the importance of ensuring that collective agreements are fair and appropriate, and that they comply with the Fair Work Act. The modifications to the agreement were aimed at addressing the concerns raised by the interested parties, and ensuring that the agreement met the requirements of the Act. This case serves as a reminder to employers and unions of the need to carefully consider the provisions of their collective agreements, and to ensure that they are compliant with the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established