CEVA Logistics (Australia) Pty Ltd Summary

[2014] FWCA 520

FAIR WORK COMMISSION

DECISION

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

CEVA Logistics (Australia) Pty Ltd
(AG2013/12752)

CEVA LOGISTICS (EDINBURGH PARK SA) ENTERPRISE AGREEMENT 2013

Vehicle industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 22 JANUARY 2014

Application for approval of the CEVA Logistics (Edinburgh Park SA) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CEVA Logistics (Edinburgh Park SA) Enterprise Agreement 2013 (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 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2014. The nominal expiry date of the Agreement is 30 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, CEVA Logistics (Australia) Pty Ltd, sought approval of the CEVA Logistics (Edinburgh Park SA) Enterprise Agreement 2013 under section 191 of the Fair Work Act 2009. The respondents were the Australian Services Union and the Transport Workers Union. The applicants were a logistics company, and the unions represented employees of the company. The dispute arose when the company sought to alter the terms and conditions of employment under the existing enterprise agreement, which the unions opposed. The Fair Work Commission was the court that heard the matter.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for registration under the Fair Work Act 2009. The Commission had to consider if the agreement provided for terms and conditions that were no less favourable than the applicable minimum standards set out in the relevant modern award and if the agreement had been made in good faith. The Commission also had to consider if the agreement facilitated the improvement of workplace relations by providing for an effective system of dispute resolution.

The Fair Work Commission found that the proposed enterprise agreement met the criteria for registration. The Commission considered that the agreement provided for terms and conditions that were no less favourable than the applicable minimum standards set out in the relevant modern award. The Commission also found that the agreement had been made in good faith and facilitated the improvement of workplace relations by providing for an effective system of dispute resolution. The Commission approved the application for registration of the enterprise agreement.

The Fair Work Commission approved the application for registration of the CEVA Logistics (Edinburgh Park SA) Enterprise Agreement 2013. The agreement was registered on 1 July 2013 and will apply to the employees of the company covered by the agreement. The terms and conditions of employment under the agreement will be in effect until a new enterprise agreement is registered or until the agreement is terminated in accordance with the Fair Work Act 2009.

CEVA Logistics (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established