K&S Freighters Pty Ltd t/a K&S Freighters
[2024] FWCA 3496
•4 OCTOBER 2024
| [2024] FWCA 3496 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
K&S Freighters Pty Ltd t/a K&S Freighters
(AG2024/3332)
CHEMTRANS BRISBANE DRIVERS ENTERPRISE AGREEMENT 2024
| Road transport industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 4 OCTOBER 2024 |
Application for approval of the Chemtrans Brisbane Drivers Enterprise Agreement 2024
An application has been made for the approval of an enterprise agreement known as the Chemtrans Brisbane Drivers Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by K&S Freighters Pty Ltd t/a K&S Freighters (Applicant). The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) given to employees at the commencement of negotiations referred to a proposed agreement called the ‘Chemtrans Brisbane Drivers Enterprise Agreement 2023.’ The Agreement has the same title save for the year reference in the title which is 2024. The notification time for the proposed agreement was 18 August 2023. The discrepancy can be explained by the time it took to finalise the negotiations. I am satisfied that the error is a minor technical error within the meaning of s.188(5) of the Act and that employees were not likely to have been disadvantaged by the error. I therefore propose to disregard the error.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Having regard to the material filed in support of the application, including the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
The Agreement does not contain a consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I note that Clause 3.1 of the Agreement provides that where the Agreement deals with matters contained in the National Employment Standards (NES) and where the corresponding provisions of the NES are more favourable to employees, the NES will prevail. This clause addresses any remaining potential issues relating inconsistency with the NES which have not been dealt with directly by the undertakings provided.
The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 May 2026.
DEPUTY PRESIDENT
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