ACFS Port Logistics Pty Limited T/A ACFS Port Logistics Summary

[2022] FWCA 736

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ACFS Port Logistics Pty Limited T/A ACFS Port Logistics

(AG2022/201)

TWU-ACFS Port Logistics Pty Ltd Enterprise Agreement 2020-2023

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 1 MARCH 2022

Application for approval of the TWU-ACFS Port Logistics Pty Limited Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the TWU-ACFS Port Logistics Pty Limited Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ACFS Port Logistics Pty Limited T/A ACFS Port Logistics. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ACFS Port Logistics Pty Limited, trading as ACFS Port Logistics, applied for the approval of the TWU-ACFS Port Logistics Pty Limited Enterprise Agreement 2020-2023. The application was made to the Fair Work Commission, which sought to ensure the agreement met the requirements under the Fair Work Act 2009. The nature of the dispute centred around whether the agreement sufficiently complied with the legislative provisions concerning enterprise agreements.

The legal issues that the Commission was required to decide included whether the agreement contained the necessary terms and conditions as required by the Act and whether it had been fairly negotiated. Additionally, the Commission needed to determine if the agreement was in the best interests of the employees and if it complied with any relevant public interest considerations.

In assessing the application, the Commission noted that the agreement had been negotiated in good faith and contained all the necessary terms as stipulated by the Act. The Commission found that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. The Commission also concluded that the agreement did not adversely affect any public interest considerations. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the TWU-ACFS Port Logistics Pty Limited Enterprise Agreement 2020-2023, affirming that it met all the statutory requirements and was fair and balanced for both parties. The Commission's decision was based on the thorough assessment of the agreement's terms, the process of negotiation, and the consideration of public interest factors.

ACFS Port Logistics Pty Limited T/A ACFS Port Logistics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established