K&S Freighters Pty Ltd
[2025] FWCA 878
•11 MARCH 2025
| [2025] FWCA 878 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
K&S Freighters Pty Ltd
(AG2025/509)
K&S FREIGHTERS (DTM NSW LUBRICANTS) DRIVERS AND TRANSPORT WORKERS UNION AGREEMENT 2024
| Road transport industry | |
| COMMISSIONER CRAWFORD | SYDNEY, 11 MARCH 2025 |
Application for approval of the K&S Freighters (DTM NSW Lubricants) Drivers and Transport Workers Union Agreement 2024
An application has been made for approval of an enterprise agreement known as the K&S Freighters (DTM NSW Lubricants) Drivers and Transport Workers Union Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by K. & S. Freighters Pty. Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.
Noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES. That clause will ensure employees can access the compassionate leave conditions in the NES concerning miscarriage and stillbirth.
The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the TWU.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 August 2026.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE528315 PR785117>
0
0
0