K&S Freighters T/A K&S Freighters Summary

[2021] FWCA 7263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters T/A K&S Freighters
(AG2021/8641)

K&S ENERGY WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 22 DECEMBER 2021

Application for approval of the K&S Energy Western Australia Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the K&S Energy Western Australia Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 29 December 2021. The nominal expiry date of the Agreement is 18 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were K&S Freighters T/A K&S Freighters, represented by their employer's association, and the Fair Work Commission, which was seeking approval of the K&S Energy Western Australia Enterprise Agreement 2021. The nature of the dispute was the need for approval of an enterprise agreement between the employer and its employees. The court that heard this case was the Fair Work Commission.

The legal issues that the court had to decide were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether the agreement was in the best interests of the employees. The court had to consider whether the agreement met the criteria for being an "enterprise agreement," including whether it covered employees in an eligible workplace and whether it was certified as a simple or low-paid agreement. Additionally, the court had to consider whether the agreement provided for minimum entitlements, including wages, hours of work, and other conditions of employment.

The court found that the enterprise agreement complied with the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The court noted that the agreement covered employees in an eligible workplace and was certified as a simple agreement. The court also found that the agreement provided for minimum entitlements, including wages, hours of work, and other conditions of employment. The court concluded that the agreement was fair and reasonable and approved it. As a result, the enterprise agreement became legally binding on the parties and would govern the employment conditions of the employees covered by the agreement.

K&S Freighters T/A K&S Freighters

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established