K&S Freighters T/A K&S Freighters

[2022] FWCA 139

[2022] FWCA 139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

K&S Freighters T/A K&S Freighters

(AG2021/9073)

K&S Freighters Pty Ltd Transport Employees' (Queensland) Agreement 2021

Road transport industry
COMMISSIONER O'NEILL	MELBOURNE, 18 JANUARY 2022

Application for approval of the K&S Freighters Pty Ltd Transport Employees' (Queensland) Agreement 2021

1. K&S Freighters has applied for approval of an enterprise agreement known as the K&S Freighters Pty Ltd Transport Employees’ (Queensland) Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. 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.

1. 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 11(i) – Casual Employment;

·           Clause 16(iii)(a) – Redundancy Entitlements; and

·           Clause 21(a) – Unpaid Carer’s Leave.

However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2022. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

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