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

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved K&S Freighters Pty Ltd, trading as K&S Freighters, and its employees, represented by the Transport Workers Union. The dispute pertained to the application for approval of the K&S Goulburn Valley Employees Agreement 2020. The application was lodged with the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The Transport Workers Union contested the application, arguing that the agreement did not meet the necessary standards for approval.

The legal issues before the Commission centred on whether the proposed agreement adequately safeguarded the employees' rights and interests. The Transport Workers Union argued that the agreement failed to provide sufficient protections in terms of wages, conditions, and dispute resolution mechanisms. The Commission was required to assess whether the agreement was procedurally and substantively fair, ensuring that it complied with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009.

The Commission thoroughly examined the terms of the proposed agreement and considered the submissions from both parties. It found that the agreement contained provisions that were fair and reasonable, taking into account the specific needs and circumstances of the employees in the Goulburn Valley region. The Commission also noted that the agreement provided for a robust dispute resolution process, which was an important safeguard for the employees. Consequently, the Commission approved the application, confirming that the K&S Goulburn Valley Employees Agreement 2020 met the necessary legal standards.

In conclusion, the Commission approved the application for the K&S Goulburn Valley Employees Agreement 2020, finding that it was fair and reasonable and complied with the relevant legislative requirements. The agreement now serves as a binding contract between K&S Freighters and its employees in the Goulburn Valley region, providing a framework for their employment terms and conditions.

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