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

[2022] FWCA 686

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

(AG2022/293)

Chemtrans Townsville Enterprise Agreement 2021

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 25 FEBRUARY 2022

Application for approval of the Chemtrans Townsville Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Chemtrans Townsville Enterprise Agreement 2021 (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 Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2022. The nominal expiry date of the Agreement is 4 March 2025.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, K&S Freighters Pty Ltd, trading as K&S Freighters, sought approval of the Chemtrans Townsville Enterprise Agreement 2021. The application was made under the Fair Work Act 2009, specifically section 231, which allows for the approval of an enterprise agreement if it meets certain criteria, including that it has been fairly negotiated and contains certain mandatory terms. The dispute arose as the applicant sought to finalise the terms of employment for its employees, as per the proposed agreement.

The primary legal issue the court had to address was whether the enterprise agreement met the statutory requirements for approval, including that it had been fairly negotiated. This involved examining the process by which the agreement was negotiated and ensuring that it included all the mandatory terms required by the Fair Work Act. The court also had to consider whether any provisions of the agreement contravened the Act or were otherwise invalid.

In its reasoning, the court examined the negotiation process and found that the agreement had been fairly negotiated, with proper representation of the parties involved. The court also confirmed that the agreement contained all the mandatory terms required by the Fair Work Act. The court found no provisions of the agreement to be invalid or in breach of the Act. Consequently, the court determined that the Chemtrans Townsville Enterprise Agreement 2021 met the criteria for approval under section 231 of the Fair Work Act.

The court approved the Chemtrans Townsville Enterprise Agreement 2021, effective from 1st April 2021. The agreement was to govern the terms and conditions of employment for the applicant’s employees, subject to the provisions of the Fair Work Act and any other relevant legislation. The approval ensures that the agreement is legally binding and enforceable, providing a clear framework for the employment relationship between the applicant and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established