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

[2021] FWCA 4880

[2021] FWCA 4880

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters Pty Ltd T/A K&S Freighters
(AG2021/6510)

K&S FREIGHTERS AGENCY - FARM FUEL DELIVERY DRIVERS AGREEMENT 2021

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 16 AUGUST 2021

Application for approval of the K&S Freighters Agency - Farm Fuel Delivery Drivers Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the K&S Freighters Agency - Farm Fuel Delivery Drivers Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by K&S Freighters Pty Ltd T/A K&S Freighters (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 9 August 2021 and was determined on the papers.

[3] The Applicant has submitted an undertaking in the required form dated 13 August 2021. The undertaking deals with the following topic:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

[4] It is noted that clause 5(a) of the Agreement states that full-time employees’ ordinary hours of work are 40 hours per week. This may be inconsistent with s.62(a) of the Act, which states that an employer must not request or require a full-time employee to work more than 38 hours a week unless the additional hours are reasonable. As a result of the inclusion of the NES precedence clause, clause 5(a) will not operate to the extent it is inconsistent with s.62(a) of the Act.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view in relation to the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, despite being silent on its operation date, will operate from 7 days after the date of approval of the Agreement in accordance with s.54(1)(a) of the Act. The nominal expiry date is 30 June 2024.

COMMISSIONER

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