Skip to main content
FairWorkMate
FWCFair Work Commission · 2026

Application by K&S Freighters Pty Ltd Trading AS K&S Freighters

Citation: [2026] FWCA 1695

What happened

K&S Freighters Pty Ltd applied to have its 'K&S Freighters (Full Load) Victorian Drivers Enterprise Agreement 2025' approved by the Fair Work Commission. The agreement covers a group of Victorian drivers. There was a minor discrepancy between the title in the agreement and the Notice of Employee Representation Rights, but this was considered a technical error. The Transport Workers Union (TWU) indicated they wanted the agreement to cover them.

What was decided

The Fair Work Commission approved the K&S Freighters enterprise agreement. Deputy President Clancy found that the agreement had been genuinely agreed to and met all relevant requirements of the Fair Work Act 2009. The agreement will operate from July 8, 2026, and expire on June 30, 2028. It also covers the Transport Workers Union (TWU). As Deputy President Clancy stated, 'I am satisfied that this is a minor procedural or technical error'.

What it means for employers

Employers seeking to implement enterprise agreements should ensure consistency in naming conventions across all documentation. This avoids potential delays and demonstrates attention to detail during the approval process.

What it means for employees

Employees covered by the agreement will benefit from the terms and conditions outlined within it. The Transport Workers Union (TWU) is also covered under this agreement, providing representation for its members.

Want this applied to your situation?

Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.

enterprise-agreementmodern-award-variation

Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwca1695.pdf

Want more cases like this?

FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.

Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.

Get notified on new Fair Work cases

Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.

Free forever. No spam. Unsubscribe anytime.

This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →

← All cases