CEVA Logistics (Australia) Pty Ltd

[2014] FWCA 4119

FAIR WORK COMMISSION

DECISION

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

CEVA Logistics (Australia) Pty Ltd
(AG2014/1402)

CEVA LOGISTICS & NUW GDT VICTORIA ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2014

Application for approval of the CEVA Logistics & NUW GDT Victoria Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CEVA Logistics & NUW GDT Victoria Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CEVA Logistics (Australia) Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A), pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[5] Clause 13 of the Agreement provides that Appendix A to the Agreement (Wage Rates) shall be kept confidential between the parties. Pursuant to s.594(1) of the Act, I order that Appendix A is confidential between the parties.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved CEVA Logistics (Australia) Pty Ltd and the National Union of Workers Victoria (NUW) concerning the application for approval of the CEVA Logistics & NUW GDT Victoria Enterprise Agreement 2014. The dispute reached the Fair Work Commission, which was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary legal issues centred on whether the agreement complied with the statutory requirements for enterprise agreements, including whether it was free from prohibited content, and whether it was appropriately negotiated.

The court considered the procedural aspects of the agreement's negotiation and the substantive content to ensure it did not include any provisions that contravened the Fair Work Act. The Commission examined the evidence provided by both parties regarding the negotiation process, and whether it was conducted in good faith. Additionally, the court scrutinised the agreement's terms to verify that it did not contain any prohibited content, such as provisions that unfairly disadvantaged employees or imposed unreasonable conditions.

After careful consideration of the evidence and the statutory provisions, the Fair Work Commission found that the agreement was appropriately negotiated and did not include any prohibited content. The Commission approved the CEVA Logistics & NUW GDT Victoria Enterprise Agreement 2014, confirming its compliance with the requirements of the Fair Work Act. The decision underscored the importance of ensuring that enterprise agreements are negotiated fairly and do not undermine the rights and protections of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established