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

[2024] FWCA 1263

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

(AG2024/647)

K&S FREIGHTERS NEW SOUTH WALES AGREEMENT 2023

Road transport industry
DEPUTY PRESIDENT EASTON	SYDNEY, 9 APRIL 2024

Application for approval of the K&S Freighters New South Wales Agreement 2023

K&S Freighters Pty Ltd (the Employer) has made an application for the approval of the K& S Freighters New South Wales Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). 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.

The Transport Workers’ Union of Australia (TWU) was a bargaining representative for the Agreement and 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 TWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2024. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are K&S Freighters Pty Ltd, trading as K&S Freighters Pty Ltd, and the Australian Industrial Relations Commission. The nature of the dispute is an application for the approval of the K&S Freighters New South Wales Agreement 2023, which seeks to alter the employment terms of employees under the New South Wales Freight and Passenger Transport Award 2010. The matter was heard in the Commission's Sydney Registry.

The primary legal issue the court needed to address was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing if the agreement was a genuine enterprise agreement, if it provided for a genuine bargaining process, and if it complied with the provisions of the Act regarding matters that can be included in an agreement. The court also had to consider whether the agreement met the better off overall test, ensuring that employees would not be worse off than under the relevant award.

The Commission found that the proposed agreement was indeed a genuine enterprise agreement, reflecting the outcome of a genuine bargaining process. It was determined that the agreement complied with the relevant provisions of the Fair Work Act and met the better off overall test. The agreement contained provisions on pay rates, conditions, and other employment terms, which were considered fair and reasonable. The Commission approved the K&S Freighters New South Wales Agreement 2023, recognising it as a valid and enforceable enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established