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

[2021] FWCA 6528

[2021] FWCA 6528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters Pty Ltd T/A K&S Freighters
(AG2021/7991)

K&S GOULBURN VALLEY EMPLOYEES AGREEMENT 2020

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 3 NOVEMBER 2021

Application for approval of the K&S Goulburn Valley Employees Agreement 2020

[1] K&S Freighters Pty Ltd T/A K&S Freighters (the Applicant) has made an application for approval of an enterprise agreement known as the K&S Goulburn Valley Employees Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 29 October 2021.

[3] On 29 October 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

•  Lodgement of a Form F18 was sought from the Transport Workers’ Union of Australia if it wished for the Agreement to cover the organisation.

•  The parties were informed that Clause 32.6 regarding recovery of costs from employees upon termination may be an unlawful deduction that is inconsistent with the Fair Work Act 2009.

•  Chambers sought confirmation from the employer that the Road Transport and Distribution Award 2020 and Road Transport Award Long Distance Operations Award 2020 are incorporated at clause 3 of the Agreement. The Employer confirmed that the Awards are incorporated via submissions.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 July 2024.

COMMISSIONER

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