K & S Freighters Pty Ltd T/A K & S Freighters Summary

[2021] FWCA 6538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K & S Freighters Pty Ltd T/A K & S Freighters
(AG2021/8049)

K&S FREIGHTERS WA TRANSPORT WORKERS’ ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 4 NOVEMBER 2021

Application for approval of the K&S Freighters WA Transport Workers’ Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the K&S Freighters WA Transport Workers’ Enterprise Agreement 2021 (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 T/A K & S Freighters. 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 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 of the Act, will operate from 11 November 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, K & S Freighters Pty Ltd, trading as K & S Freighters, applied to the Fair Work Commission for approval of the K&S Freighters WA Transport Workers’ Enterprise Agreement 2021. The application arose in the context of industrial relations and workplace agreements, specifically concerning the terms and conditions of employment for transport workers in Western Australia. The Commission was tasked with assessing whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009 and other relevant industrial laws.

The central legal issues before the Commission were whether the proposed enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission needed to determine if the agreement was made in accordance with the relevant provisions of the Act, including whether the necessary consultation and notification processes were followed. Substantively, the Commission had to examine whether the agreement covered the mandated minimum terms and conditions, did not undermine existing awards or agreements, and was not otherwise contrary to public policy or contrary to the spirit of the Act.

After reviewing the evidence and submissions from both the applicant and the relevant parties, the Commission concluded that the proposed enterprise agreement met the necessary procedural and substantive requirements. The Commission found that the agreement was made in good faith and that the consultation process was adequate. Furthermore, the agreement contained all the mandated minimum terms and conditions and did not undermine existing awards or agreements. The Commission approved the enterprise agreement, finding it to be fair and balanced, and in line with the objectives of the Fair Work Act.

The final orders of the Commission were that the K&S Freighters WA Transport Workers’ Enterprise Agreement 2021 be approved as a registered agreement under section 176 of the Fair Work Act. This decision allows the agreement to be enforceable and provides a framework for the terms and conditions of employment for transport workers within the scope of the agreement.

K & S Freighters Pty Ltd T/A K & S Freighters

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established