Application by K&S Freighters Pty Ltd Trading AS K&S Freighters
What happened
K&S Freighters Pty Ltd, trading as K&S Freighters, sought approval for the K&S Energy (Townsville and Cairns) Drivers Enterprise Agreement 2026. The agreement covers a single enterprise. The application was made under section 185 of the Fair Work Act 2009.
What was decided
The Fair Work Commission approved the enterprise agreement. Commissioner Panopoulos found the requirements of sections 186, 187, and 188 of the Fair Work Act were met. A clause extending compassionate leave was noted as potentially inconsistent with the National Employment Standards (NES). However, the more beneficial NES entitlements will apply where conflicts arise. The agreement will operate from September 9, 2026, and expire on August 27, 2029.
What it means for employers
Employers should ensure enterprise agreements comply with the Fair Work Act and National Employment Standards. Where inconsistencies exist, the more beneficial entitlements of the NES will prevail. Agreements must meet the requirements of sections 186, 187 and 188.
What it means for employees
Employees covered by the K&S Energy (Townsville and Cairns) Drivers Enterprise Agreement 2026 will benefit from the agreement’s terms. Where the agreement conflicts with the National Employment Standards, the NES entitlements will apply.
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