s.185 - Application for approval of a single-enterprise agreement

Application for approval of the Newcastle Drivers Enterprise Agreement 2024

[1] An application has been made for approval of an enterprise agreement known as the Newcastle Drivers Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by K&S Freighters Pty Ltd trading as K&S Freighters Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

[3] I note that Clause 5.2 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the NES. Where there is inconsistency between the Agreement and the NES, and the NES provides greater benefits, the NES provision will apply to the extent of the inconsistency. 

[4] The Transport Workers' Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 September 2027.

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