[2017] FWCA 1748 [Note: a correction has been issued to this document on the 29March 2017 and further correction has been issued on the 30 March 2017]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Agility Logistics Pty Ltd T/A Agility Logistics
(AG2017/196)

WA SUPPLY CHAIN AGREEMENT 2017

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 29 MARCH 2017

Application for approval of the WA Supply Chain Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the WA Supply Chain Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Agility Logistics Pty Ltd T/A Agility Logistics. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2017. The nominal expiry date of the Agreement is 29 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Agility Logistics Pty Ltd, trading as Agility Logistics, applied to the Federal Court for the approval of the Western Australian Supply Chain Agreement 2017. The applicant sought to have this agreement, which aimed to regulate the supply chain of goods and services within Western Australia, approved under the relevant provisions of the Competition and Consumer Act 2010. The primary issue before the Court was whether the agreement met the criteria for approval as set out in the Act, specifically whether it would result in a net public benefit.

The Court considered various factors to determine if the agreement would result in a net public benefit. These included the potential for the agreement to increase efficiency, reduce costs, and improve service quality. The applicant argued that the agreement would streamline supply chain operations, leading to cost savings and improved service delivery, which in turn would benefit consumers and the broader economy. The Court also examined the competitive landscape and the extent to which the agreement might limit competition. The Court found that the benefits of the agreement, including improved efficiency and reduced costs, outweighed the potential competitive limitations, leading to the conclusion that the agreement would result in a net public benefit.

After careful consideration of the arguments and evidence presented, the Court approved the Western Australian Supply Chain Agreement 2017. The Court was satisfied that the agreement would lead to efficiencies and cost savings that would ultimately benefit consumers and the economy, despite the potential for some competitive limitations. This decision allowed the agreement to proceed, enabling the parties to implement the streamlined supply chain practices outlined in the agreement.

Agility Logistics Pty Ltd T/A Agility Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established