[1] An application has been made for approval of an enterprise agreement known as the K&S Energy Mackay Drivers Agreement 2025 (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 (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement does not contain a delegates' rights term compliant with the Act. Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Road Transport and Distribution Award 2020 and Road Transport (Long Distance Operations) Award 2020 taken to be a term of the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2028.

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