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

Annexure A

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

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, K&S Freighters Pty Ltd t/a K & S Freighters/DTM Business Logistics applied for the approval of the DTM Business Logistics Murarrie, Queensland Drivers Agreement 2019. The agreement sought to establish terms and conditions of employment for drivers employed in the logistics sector in Queensland. The application was brought under the Fair Work Act 2009, which provides a framework for the regulation of workplace relations and the resolution of workplace disputes. The Australian Council of Trade Unions (ACTU) and the Transport Workers Union (TWU) opposed the application, arguing that the proposed agreement did not provide adequate protections for drivers and did not comply with certain statutory requirements.

The central legal issue before the court was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act. Specifically, the court had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the statutory requirements for enterprise agreements. The court also had to consider whether the agreement was in the best interests of the drivers, and whether it provided for fair and reasonable terms and conditions of employment that were not less favourable than the applicable awards or registered agreements. The court had to balance the need for fair and reasonable terms and conditions of employment with the need to promote economic efficiency and productivity in the industry.

After considering the evidence and arguments presented by the parties, the court found that the proposed agreement met the necessary criteria for approval. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the statutory requirements for enterprise agreements. The court found that the agreement was in the best interests of the drivers, and that it provided for fair and reasonable terms and conditions of employment that were not less favourable than the applicable awards or registered agreements. The court also found that the agreement promoted economic efficiency and productivity in the industry, and that it provided for appropriate mechanisms for the resolution of workplace disputes.

The court approved the DTM Business Logistics Murarrie, Queensland Drivers Agreement 2019, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included changes to the provisions relating to overtime, shift patterns, and rest breaks. The court ordered that the modified agreement be registered with the Fair Work Commission, and that it would come into effect on a specified date. The court also ordered that the parties bear their own costs of the application.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established