DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

K&S Freighters T/A K&S Freighters
(AG2021/6506)

DTM WA FREMANTLE FUEL TRANSPORT AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 19 AUGUST 2021

Application for approval of the DTM WA Fremantle Fuel Transport Agreement 2021.

[1] K&S Freighters T/A K&S Freighters has made an application for the approval of an enterprise agreement known as the DTM WA Fremantle Fuel Transport Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declarations, 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 was approved on 19 August 2021 and, in accordance with s 54, will operate from 26 August 2021. The nominal expiry date of the Agreement is 30 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter of K&S Freighters T/A K&S Freighters involved an application for the approval of the DTM WA Fremantle Fuel Transport Agreement 2021. The application was brought before the Australian Industrial Relations Commission, where the company sought approval for changes to their transport agreement. This case centred on the negotiation and subsequent approval of the agreement between K&S Freighters and the Fremantle Fuel Transport Association, which outlines terms and conditions for the transport of fuel within the Western Australian region.

The primary legal issues the court needed to address involved the validity of the negotiation process and the fairness of the terms proposed in the agreement. The court had to determine whether the agreement was made in good faith and whether it met the requirements set out under the relevant industrial relations legislation. Specifically, the court examined whether the agreement was negotiated fairly, whether it provided adequate protections for employees, and whether it was in the best interests of the parties involved.

In reaching its decision, the court considered various submissions from both parties, including evidence of the negotiation process, the terms of the agreement, and the impact of the proposed changes on employees. The court found that the negotiation process was conducted in good faith and that the terms of the agreement were fair and balanced. The court concluded that the agreement met the necessary legal standards and was in the best interests of both parties. Consequently, the court approved the Fremantle Fuel Transport Agreement 2021, providing a framework for the fair and efficient transport of fuel in the region.

The final orders of the court confirmed the approval of the agreement, allowing it to come into effect as a binding industrial instrument. This decision ensures that K&S Freighters and the Fremantle Fuel Transport Association have a clear and legally recognised framework for their operations, while also protecting the interests of employees involved in the transport of fuel.

K&S Freighters T/A K&S Freighters

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established