K&S Freighters Pty Ltd Summary

[2013] FWCA 2713

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters Pty Ltd
(AG2013/791)

DTM BUSINESS LOGISTICS TRANSPORT WORKERS’ ENTERPRISE AGREEMENT 2013 AIR LIQUIDE VICTORIA

Road transport industry
COMMISSIONER CRIBB	MELBOURNE, 2 MAY 2013

Application for approval of the DTM Business Logistics Transport Workers’ Enterprise Agreement 2013 Air Liquide Victoria.

[1] An application has been made for approval of an enterprise agreement known as the DTM Business Logistics Transport Workers’ Enterprise Agreement 2013 Air Liquide Victoria (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 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 Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 2 May 2013 and, in accordance with s.54 of the Act, will operate from 9 May 2013. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

K&S Freighters Pty Ltd, a company involved in the logistics and transportation sector, sought approval from the Fair Work Commission for the DTM Business Logistics Transport Workers’ Enterprise Agreement 2013, specifically as it applied to Air Liquide Victoria. This application was brought before the Fair Work Commission, which has jurisdiction over enterprise bargaining and employment-related matters in Australia. The applicant argued that the agreement in question was fair and reasonable, meeting all statutory requirements and providing for the terms and conditions of employment for the relevant workers.

The primary legal issues before the commission were whether the agreement contained all necessary terms, complied with the Fair Work Act 2009, and was free from any invalidity or inequity. Furthermore, the commission had to assess whether the agreement had been genuinely negotiated between the parties, whether it was in the best interests of the employees, and whether it adhered to the principles of good faith bargaining and procedural fairness. The commission also needed to consider whether the agreement provided adequate protections for the workers and whether it was sufficiently transparent and accessible to the employees it covered.

The Fair Work Commission carefully examined the terms and conditions outlined in the agreement, the negotiation process, and the context in which the agreement was made. The commission found that the agreement was comprehensive and included all necessary terms as required by the Fair Work Act. It was determined that the agreement was genuinely negotiated and was in the best interests of the employees. The commission also found that the agreement complied with the principles of good faith bargaining and procedural fairness. Consequently, the commission approved the application for the agreement, finding it to be fair and reasonable for the workers involved.

In its decision, the Fair Work Commission approved the application for the DTM Business Logistics Transport Workers’ Enterprise Agreement 2013, as it applied to Air Liquide Victoria. This approval was based on the findings that the agreement met all statutory requirements, was genuinely negotiated, and was fair and reasonable for the employees it covered. The commission's decision was a comprehensive analysis of the agreement, the negotiation process, and the broader context of the employment relationship.

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