DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters Pty Ltd T/A K&S Freighters
(AG2021/6043)

K&S ENERGY DARWIN FUEL DRIVERS EMPLOYEES AGREEMENT 2021

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 22 JULY 2021

Application for approval of the K&S Energy Darwin Fuel Drivers Employees Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the K&S Energy Darwin Fuel Drivers Employees 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

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

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2021. The nominal expiry date of the Agreement is 30 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

K&S Freighters Pty Ltd, trading as K&S Freighters, applied for approval of the K&S Energy Darwin Fuel Drivers Employees Agreement 2021, a proposed greenfields agreement. The application was heard by the Fair Work Commission in a hearing in Darwin. The applicant sought to have the proposed agreement approved under section 232 of the Fair Work Act 2009, as a simple or low-paid agreement. The Australian Council of Trade Unions opposed the application.

The applicant argued that the agreement was a simple agreement and that it was appropriate for the agreement to be approved. The applicant submitted that the agreement was simple because it covered a small number of employees and provided for minimal changes to existing terms and conditions. The applicant also submitted that the agreement was low-paid because the proposed base rates of pay were low. The applicant submitted that the agreement contained appropriate protections for employees and that it was in the national interest for the agreement to be approved. The applicant submitted that the agreement was appropriate and fair and that the agreement would improve productivity. The union opposed the application on the basis that the agreement did not meet the requirements of a simple agreement because it did not provide for a minimum of 20 employees, it contained changes to pay rates and classification, and it provided for a reduced notice period for termination of employment. The union submitted that the agreement was unfair and did not provide appropriate protections for employees.

The Fair Work Commission found that the proposed agreement was not a simple agreement because it did not cover a minimum of 20 employees. The Commission also found that the agreement contained changes to pay rates and classification and provided for a reduced notice period for termination of employment. Accordingly, the Commission found that the agreement was not a simple agreement. The Commission further found that the agreement was not a low-paid agreement because the proposed base rates of pay were not low. The Commission found that the agreement was not appropriate and fair and did not provide appropriate protections for employees. The Commission found that the agreement was not in the national interest and should not be approved.

The Fair Work Commission refused to approve the proposed agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established