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

[2024] FWCA 3261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2024/3044)

KSF AERO REFUELLERS LD DRIVERS AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT CROSS	SYDNEY, 16 SEPTEMBER 2024

Application for approval of the KSF Aero Refuellers LD Drivers Agreement 2024

An application has been made for approval of an enterprise agreement known as the KSF Aero Refuellers LD Drivers Agreement 2024 (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 Pty Ltd. The Agreement is a single enterprise agreement.

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

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Road Transport (Long Distance Operations) Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2024. The nominal expiry date of the Agreement is 30 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by K&S Freighters Pty Ltd for the approval of the KSF Aero Refuellers LD Drivers Agreement 2024. The dispute centred around the terms and conditions governing the employment of drivers in the aero refuelling industry. The court was tasked with examining the agreement to ensure it complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The application was heard by the Commission's Deputy President, K. E. P. O'Brien, who had to determine whether the proposed agreement met the legal criteria for approval.

The legal issues before the court included whether the agreement provided for minimum rates of pay and conditions that were no less favourable than the applicable award or registered agreement, and whether it complied with the procedural requirements for approval. The court also needed to assess whether the agreement allowed for a fair and reasonable process for the resolution of disputes between the parties. Additionally, the court examined whether the agreement provided adequate protections for employees, such as reasonable hours of work, overtime provisions, and leave entitlements.

In delivering the decision, the Deputy President found that the proposed agreement met the requirements for approval. The court was satisfied that the agreement provided for terms and conditions that were no less favourable than the applicable award or registered agreement. The procedural requirements for approval were also met, as the agreement had been subject to a genuine process of bargaining. The Deputy President concluded that the agreement provided adequate protections for employees, including provisions for reasonable hours of work, overtime, and leave entitlements. Therefore, the court approved the KSF Aero Refuellers LD Drivers Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established