K&S Freighters Pty Ltd t/a K & S Freighters/DTM Business Logistics

[2020] FWCA 85

[2020] FWCA 85

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters Pty Ltd t/a K & S Freighters/DTM Business Logistics
(AG2019/4692)

DTM BUSINESS LOGISTICS MURARRIE, QUEENSLAND DRIVERS AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 8 JANUARY 2020

Application for approval of the DTM Business Logistics Murarrie, Queensland Drivers Agreement 2019.

[1] K&S Freighters/DTM Business Logistics has applied for approval of a single enterprise agreement known as the DTM Business Logistics Murarrie, Queensland Drivers Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The Commission identified some irregularities in the original application materials and raised concerns about whether the Agreement contravenes s.55 of the Act. Further information was provided by the Applicant in relation to these concerns.

[3] Application was made to amend the original application by filing a completed Agreement and amended Agreement signature page. In the circumstances, I consider that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 3 of the Agreement, I am also satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The employee bargaining representative did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[6] On the basis of the material contained in the amended Agreement, further information provided on request of the Commission and the Undertaking, 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.

[7] The Agreement was approved on 8 January 2020 and, in accordance with s.54, will operate from 15 January 2020. The nominal expiry date of the Agreement is 8 January 2023.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE506694 PR715769>

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.