Application by K&S Freighters Pty Ltd
At a glance
- MA000136
What happened
K&S Freighters Pty Ltd applied to the Fair Work Commission for approval of a single enterprise agreement, called the K&S Freighters Mount Gambier Transport Workers Agreement 2026. The application was made under section 185 of the Fair Work Act 2009. The company provided written undertakings as part of the process.
What was decided
The Fair Work Commission approved the enterprise agreement. Commissioner Thornton found that the undertakings would not cause financial detriment to employees and wouldn't substantially change the agreement. Any inconsistencies between the agreement and National Employment Standards (NES) will be resolved in favour of the NES. A term from the Road Transport and Distribution Award 2020 was also incorporated into the agreement. The agreement is effective from August 18, 2026, and expires on May 25, 2029.
What it means for employers
Employers seeking to implement enterprise agreements should be prepared to provide undertakings to address potential concerns about employee detriment or substantial changes to existing conditions. They must also ensure the agreement aligns with National Employment Standards where there are inconsistencies.
What it means for employees
Employees covered by this agreement will benefit from the terms outlined in the K&S Freighters Mount Gambier Transport Workers Agreement 2026, subject to the incorporated undertakings and the principle that NES entitlements prevail where conflicts arise. The agreement is in effect until May 25, 2029.
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