K&S Freighters Pty Ltd Summary

[2013] FWCA 8556

FAIR WORK COMMISSION

DECISION

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

K&S Freighters Pty Ltd
(AG2013/9593)

K&S FREIGHTERS PTY LTD, PRODUCTION ASSISTANTS, EMPLOYEE COLLECTIVE AGREEMENT, 2013

Graphic Arts
VICE PRESIDENT WATSON	SYDNEY, 30 OCTOBER 2013

Application for approval of the K&S Freighters Pty Ltd, Production Assistants, Employee Collective Agreement, 2013.

[1] An application has been made for approval of an enterprise agreement known as the K&S Freighters Pty Ltd, Production Assistants, Employee Collective Agreement, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made byK&S Freighters Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 30 October 2013 and, in accordance with s.54, will operate from 6 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT WATSON

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CaseChat Overview and Summary

The case involved K&S Freighters Pty Ltd, a company, and its production assistants. The matter was before the Fair Work Commission, where the company sought approval for the K&S Freighters Pty Ltd, Production Assistants, Employee Collective Agreement, 2013. The agreement sought to establish terms and conditions for the employees' employment. The primary legal issue before the Commission was whether the agreement met the necessary legal standards and requirements for approval under the Fair Work Act 2009.

The Fair Work Commission examined the agreement to ensure it complied with the provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission assessed whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith. The Commission also considered whether the agreement adequately provided for the protection of employees' rights and interests. The Commission further evaluated the process by which the agreement was made, ensuring it was fair and transparent.

The Commission determined that the agreement met the necessary legal standards and requirements for approval. It found that the agreement provided for fair and reasonable terms and conditions of employment and was made in good faith. The Commission also found that the agreement adequately protected the employees' rights and interests. Additionally, the Commission concluded that the process by which the agreement was made was fair and transparent. As a result, the Commission approved the K&S Freighters Pty Ltd, Production Assistants, Employee Collective Agreement, 2013.

The Fair Work Commission approved the K&S Freighters Pty Ltd, Production Assistants, Employee Collective Agreement, 2013, subject to any necessary modifications to address any minor technical issues identified during the review process. The Commission's decision provided clarity and certainty for both the company and its employees regarding the terms and conditions of their employment.

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