K&S Freighters Pty Ltd

[2013] FWCA 8212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters Pty Ltd
(AG2013/9711)

K&S FREIGHTERS ALCOA POINT HENRY ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 21 OCTOBER 2013

Application for approval of the K&S Freighters Alcoa Point Henry Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the K&S Freighters Alcoa Point Henry Enterprise Agreement 2013 (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 Company). The agreement is a single-enterprise agreement.

[2] On 11 October 2013 an undertaking was provided by the Company’s General Manager Human Resources, Ms K Evans, in relation to clause 32 (Dispute Settlement Procedure) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

K&S Freighters Pty Ltd sought approval of the K&S Freighters Alcoa Point Henry Enterprise Agreement 2013, in the Federal Circuit Court. The application was made under the Fair Work Act 2009, specifically section 231, which provides for the approval of enterprise agreements. The dispute involved whether the agreement met the legal criteria for approval, including whether it contained the necessary provisions regarding employee entitlements and if it was made in good faith.

The court was required to determine if the agreement contained all the mandated minimum terms and conditions as outlined in the Fair Work Act. It also needed to assess whether the agreement was made in accordance with the good faith requirements, including whether there was genuine bargaining between the parties. Additionally, the court considered whether the agreement was certified as a single interest employer agreement by the Fair Work Commission.

In reaching its decision, the court examined the contents of the agreement and the process by which it was negotiated and agreed upon. It found that the agreement contained all the mandated minimum terms and conditions, and there was evidence of genuine bargaining. The court was satisfied that the agreement was certified by the Fair Work Commission and was made in good faith. Consequently, the court approved the enterprise agreement under section 231 of the Fair Work Act.

The final order was that the K&S Freighters Alcoa Point Henry Enterprise Agreement 2013 was approved, effective from the date of the court's decision. This approval meant that the agreement would govern the employment terms and conditions between the company and its employees, subject to the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established