K&S Freighters Pty Ltd
[2025] FWCA 544
•25 FEBRUARY 2025
| [2025] FWCA 544 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
K&S Freighters Pty Ltd
(AG2025/181)
K&S FREIGHTERS PTY LTD LINEHAUL DRIVERS’ ENTERPRISE AGREEMENT 2024
| Road transport industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 25 FEBRUARY 2025 |
Application for approval of the K&S Freighters Pty Ltd Linehaul Drivers’ Enterprise Agreement 2024
K&S Freighters Pty Ltd Trading As K&S Freighters Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the K&S Freighters Pty Ltd Linehaul Drivers’ Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 28 March 2024 and the Agreement was made on 23 January 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):
- Clause 19.1(b): Annual leave
- Clause 21.7: Family and domestic violence leave
However, noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s 183 of the FW Act that it wants the Agreement to cover it. In accordance with s 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.
The Agreement is approved on and, in accordance with s.54, will operate from 4 March 2025. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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