K&S Freighters Pty Ltd Summary

[2013] FWCA 6959

FAIR WORK COMMISSION

DECISION

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

K&S Freighters Pty Ltd
(AG2013/2686)

DTM BUSINESS LOGISTICS TRANSPORT WORKERS' UNION ENTERPRISE AGREEMENT 2013 GENERAL SOUTH AUSTRALIA

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 18 SEPTEMBER 2013

Application for approval of the DTM Business Logistics Transport Workers' Union Enterprise Agreement 2013 General South Australia.

[1] An application has been made for approval of an enterprise agreement known as the DTM Business Logistics Transport Workers' Union Enterprise Agreement 2013 General South Australia (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia, South Australia/Northern Territory Branch being a bargaining representative for the Agreement, 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 25 September 2013. The nominal expiry date is 1 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

K&S Freighters Pty Ltd, a transport company, and the DTM Business Logistics Transport Workers' Union were parties to a dispute regarding the approval of an enterprise agreement. The matter was heard in the Fair Work Commission, where the union sought to have the agreement approved under the Fair Work Act 2009. The central issue before the Commission was whether the agreement met the requirements for approval as set out in the Act. Specifically, the union needed to demonstrate that the agreement had been fairly negotiated and provided for fair terms and conditions of employment.

The Commission considered whether the agreement contained all the mandated terms, including minimum rates of pay, maximum ordinary hours of work, and provisions for leave and other entitlements. Additionally, the union had to provide evidence that the agreement was negotiated in good faith and that the process allowed for genuine consultation and participation from the employees. The Commission examined the process followed by the union and the employer during the negotiation of the agreement, including the submissions and evidence provided by both parties. The union argued that the agreement was negotiated in good faith and that the process was fair and transparent.

After reviewing the evidence and submissions, the Commission found that the agreement was fairly negotiated and contained all the required terms. The union provided sufficient evidence to demonstrate that it had genuinely consulted with the employees and that the process allowed for their participation. The Commission was satisfied that the agreement met the requirements for approval under the Act. Consequently, the application for the approval of the agreement was successful.

The Commission ordered that the DTM Business Logistics Transport Workers' Union Enterprise Agreement 2013 General South Australia be approved and registered under the Fair Work Act 2009. The agreement would now form the basis of employment conditions for the workers covered by the agreement, providing them with the minimum terms and conditions of employment as stipulated in the Act. The decision of the Commission was a significant outcome for the union and the employees, as it ensured that their rights and entitlements were protected under the approved enterprise agreement.

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