CEVA Logistics (Australia) Pty Ltd

[2013] FWCA 9994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CEVA Logistics (Australia) Pty Ltd
(AG2013/11677)

CEVA LOGISTICS & TRANSPORT WORKERS’ UNION FAIR WORK AGREEMENT 2013-2017

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 19 DECEMBER 2013

Application for approval of the CEVA Logistics & Transport Workers’ Union Fair Work Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the CEVA Logistics & Transport Workers’ Union Fair Work Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by CEVA Logistics (Australia) Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 12 December 2013 undertakings were provided by the Company’s GM HR Services A&NZ, Mr M Pisegna, in relation to clause 18.1 (Workplace Issues Settlement Procedure) and clause 50 (Introduction of Change) of the Agreement. Pursuant to s.190 of the Act, I accept the undertakings of the Company. 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, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved an application for approval of a proposed Fair Work Agreement between CEVA Logistics (Australia) Pty Ltd and the CEVA Logistics & Transport Workers’ Union for the period 2013 to 2017. The agreement sought to set out the terms and conditions of employment for workers in the logistics and transport industry, including matters such as wages, working hours, leave entitlements, and dispute resolution mechanisms.

The legal issues before the Commission centred on whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the workers it was intended to cover. The Commission had to consider whether the agreement provided for a safety net of minimum entitlements, whether it allowed for genuine bargaining between the parties, and whether it provided appropriate mechanisms for resolving disputes. Additionally, the Commission had to be satisfied that the agreement did not discriminate against any group of workers and that it promoted productivity, economic prosperity, and social inclusion.

In delivering its decision, the Commission found that the proposed agreement met the requirements of the Fair Work Act. The Commission was satisfied that the agreement provided for a safety net of minimum entitlements and allowed for genuine bargaining between the parties. The Commission also found that the agreement provided appropriate mechanisms for resolving disputes and did not discriminate against any group of workers. The Commission was further satisfied that the agreement promoted productivity, economic prosperity, and social inclusion. Accordingly, the Commission approved the proposed agreement.

No further orders were made by the Commission. The Fair Work Agreement was approved and came into effect on 1st July 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established