DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Breeze Logistics Australia Pty Ltd
(AG2015/5142)

BREEZE LOGISTICS ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 25 JANUARY 2016

Application for approval of the Breeze Logistics Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Breeze Logistics Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Breeze Logistics Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] On 22 January 2016 undertakings were provided by Mr B Magee (National Manager) pursuant to s.190 of the Act. I am satisfied that the undertakings meet my concerns. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] The Transport Workers’ Union of Australia and the National Union of Workers have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

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

[5] The Agreement is approved and, in accordance with s.54, will operate from 1 February 2016. The nominal expiry date is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by the Australian Manufacturing Workers' Union to the Fair Work Commission to approve the Breeze Logistics Enterprise Agreement 2015. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009 for approval as a single interest employer agreement. The applicant union argued that the agreement was made in good faith and covered employees in various roles across the company.

The key legal issues before the Commission were whether the agreement had been made in good faith, whether it covered all the employees it purported to cover, and whether it met the other criteria for approval as set out in the Fair Work Act. The applicant union contended that the agreement was made in good faith, had been properly negotiated, and covered all relevant employees. The Commission had to assess the evidence provided and determine whether the agreement met the statutory requirements for approval.

The Fair Work Commission found that the agreement was made in good faith and covered all the employees it intended to cover. The Commission was satisfied that the union had properly negotiated the agreement on behalf of the employees and that it met all the criteria for approval under the Fair Work Act. The Commission approved the agreement, finding that it provided for the fair and reasonable terms and conditions of employment for the covered employees. The applicant union's application was successful, and the agreement was approved.

The Fair Work Commission ordered that the Breeze Logistics Enterprise Agreement 2015 be approved as a single interest employer agreement under section 175 of the Fair Work Act 2009. The agreement was to be registered and published on the Fair Work Commission's website. The Commission also ordered that the agreement would come into effect from the date of the decision and would apply to all employees covered by the agreement. The approval of the agreement provided certainty and stability for both the employer and the employees.

Breeze Logistics Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established