DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K & S Freighters Pty Ltd T/A K & S Freighters
(AG2017/3727)

TRANSPORT WORKERS / K&S FREIGHTERS STEEL BUSINESS UNIT (VICTORIA) ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 8 JANUARY 2018

Application for approval of the Transport Workers / K&S Freighters Steel Business Unit (Victoria) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Transport Workers / K&S Freighters Steel Business Unit (Victoria) Enterprise Agreement 2017 (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 Applicant 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.

[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 15 January 2018. The nominal expiry date of the Agreement is 20 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves an application for the approval of the Transport Workers / K&S Freighters Steel Business Unit (Victoria) Enterprise Agreement 2017. The applicant, K&S Freighters Pty Ltd, trading as K&S Freighters, sought approval of the agreement from the Fair Work Commission (FWC). The legal issues before the court centred on whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009, including whether it provided for the fair and equitable treatment of employees and whether it complied with the relevant provisions of the Act.

The court considered the arguments presented by both parties and examined the terms of the enterprise agreement. It assessed whether the agreement was genuinely negotiated, whether it covered the appropriate bargaining unit, and whether it contained the necessary minimum terms and conditions as outlined in the Fair Work Act. The court also evaluated whether the agreement provided for fair and equitable treatment of employees, including provisions for minimum wages, leave entitlements, and other conditions of employment. The court further considered whether the agreement was in the best interests of the employees and whether it complied with any relevant industry codes of practice.

After careful consideration of the evidence and arguments presented, the court found that the enterprise agreement met the necessary criteria for approval. It was satisfied that the agreement had been genuinely negotiated between the parties, covered the appropriate bargaining unit, and contained the necessary minimum terms and conditions. The court also determined that the agreement provided for the fair and equitable treatment of employees and was in their best interests. Consequently, the court approved the enterprise agreement and authorised its registration with the Fair Work Commission.

The final orders of the court were that the Transport Workers / K&S Freighters Steel Business Unit (Victoria) Enterprise Agreement 2017 be approved and registered with the Fair Work Commission. The agreement was to take effect from the date of the court's decision and would apply to all employees within the specified bargaining unit. The court also ordered that any disputes arising from the agreement would be resolved in accordance with the Fair Work Act and any relevant industry codes of practice.

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