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

[2015] FWCA 6180

[2015] FWCA 6180

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K & S Freighters Pty Ltd T/A K & S Freighters Pty Ltd
(AG2015/3440)

K & S FREIGHTERS PTY LTD TRANSPORT EMPLOYEES AGREEMENT (GEELONG OPERATIONS) 2015

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 9 SEPTEMBER 2015

Application for approval of the K & S Freighters Pty Ltd Transport Employees Agreement (Geelong Operations) 2015.

[1] An application has been made for approval of an enterprise agreement known as the K & S Freighters Pty Ltd Transport Employees Agreement (Geelong Operations) 2015 (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.

[2] 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.

[3] The Agreement does not contain a flexibility provision in the terms of s.202 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, 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 organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2015. The nominal expiry date of the Agreement is 1 January 2018.

COMMISSIONER

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