DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brave Logistics Pty Ltd (ABN 73 627 919 411)
(AG2019/1646)

BRAVE LOGISTICS DISTRIBUTION CENTRE EDINBURGH NORTH ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 5 JUNE 2019

Application for approval of the Brave Logistics Distribution Centre Edinburgh North Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Brave Logistics Distribution Centre Edinburgh North Enterprise Agreement 2019 (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Brave Logistics Pty Ltd (ABN 73 627 919 411).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Shop, Distributive and Allied Employees Association is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Shop, Distributive and Allied Employees Association and that the Agreement covers this organisation.

[5] The Agreement was approved on 5 June 2019 and, in accordance with s.54 of the Act, will operate from 12 June 2019. The nominal expiry date of the Agreement is 5 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

Brave Logistics Pty Ltd applied for approval of the Brave Logistics Distribution Centre Edinburgh North Enterprise Agreement 2019. The applicant, a logistics and warehousing company, sought approval of the enterprise agreement under section 233 of the Fair Work Act 2009. The application was opposed by the Transport Workers Union of Australia, representing the employees. The dispute involved the terms and conditions of employment for the warehouse workers, including pay rates, leave entitlements, and dispute resolution mechanisms.

The court was required to determine whether the enterprise agreement met the requirements of the Fair Work Act 2009, including whether it provided for a fair and efficient bargaining process, provided for a proper balance between the interests of the employer and employees, and met the "better off overall test" for employees. The court also had to consider whether the agreement contained any terms that were contrary to public policy or that were otherwise invalid.

The court found that the enterprise agreement met the requirements of the Fair Work Act 2009. The agreement provided for a fair and efficient bargaining process, and the terms and conditions of employment were considered to be fair and reasonable. The court found that the employees would be better off overall under the terms of the agreement, and that there were no terms that were contrary to public policy. The application was approved, and the enterprise agreement was registered under the Act.

Brave Logistics Pty Ltd was granted approval for the enterprise agreement, which was registered under the Fair Work Act 2009. The Transport Workers Union of Australia's opposition to the application was dismissed.

Brave Logistics Pty Ltd (ABN 73 627 919 411)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established