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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CaseChat Overview and Summary

The case before the court involved K & S Freighters Pty Ltd, trading as K & S Freighters Pty Ltd, and the application for the approval of the Transport Employees Agreement (Geelong Operations) 2015. The dispute arose under the Fair Work Act 2009 and was heard in the Fair Work Commission. The applicant, K & S Freighters Pty Ltd, sought to have the proposed enterprise agreement approved as a registered agreement. The Australian Council of Trade Unions (ACTU) intervened in the proceedings as an interested party.

The central legal issues the court needed to address were whether the proposed agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees covered by the agreement. Specifically, the court had to consider whether the agreement provided for appropriate terms and conditions of employment, including minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The court also had to ensure that the agreement did not adversely affect the employees' overall conditions of employment or their ability to bargain collectively.

In delivering the decision, the Commission found that the proposed agreement was fair and reasonable in all its terms. The Commission noted that the agreement provided for minimum rates of pay and leave entitlements that were consistent with industry standards and covered a broad range of employees. The agreement also included provisions for dispute resolution and allowed for the possibility of future negotiations to address any issues that might arise. The Commission was satisfied that the agreement would not have an adverse effect on the employees' overall conditions of employment or their ability to bargain collectively.

Consequently, the Commission approved the Transport Employees Agreement (Geelong Operations) 2015 as a registered agreement under the Fair Work Act 2009. The agreement will now be binding on the parties and will govern the terms and conditions of employment for the employees covered by the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established