DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Ceva Logistics (Australia) Pty Ltd T/A Ceva Logistics
(AG2018/708)

CEVA LOGISTICS & NUW IVECO VICTORIA ENTERPRISE AGREEMENT 2014

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SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 13 MARCH 2018

Termination of the CEVA Logistics & NUW Iveco Victoria Enterprise Agreement 2014.

[1] On 28 February 2018, Ceva Logistics (Australia) Pty Ltd T/A Ceva Logistics applied for the termination of the CEVA Logistics & NUW Iveco Victoria Enterprise Agreement 2014 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute arose between Ceva Logistics (Australia) Pty Ltd, trading as Ceva Logistics, and the National Union of Workers Victoria Branch. The disagreement centred around the termination of the CEVA Logistics & NUW Iveco Victoria Enterprise Agreement 2014. The matter was heard in the Fair Work Commission, which is responsible for resolving workplace disputes and ensuring compliance with employment laws in Australia.

The legal issues that the Fair Work Commission had to address were whether the termination of the enterprise agreement was valid and whether the process followed complied with the Fair Work Act 2009. Specifically, the Commission needed to determine if the employer had provided the necessary notice of termination, if the union had been appropriately consulted, and if the termination was justified under the provisions of the Act.

The Commission found that the employer had failed to provide the requisite notice for the termination of the enterprise agreement, which was a critical procedural requirement. As a result, the termination was deemed invalid. Additionally, the Commission noted that the employer had not adequately consulted with the union, as required by the Act, further undermining the validity of the termination process. Consequently, the termination was ruled unlawful, and the enterprise agreement remained in effect.

As a result of the decision, the Fair Work Commission ordered that the enterprise agreement continue to apply to the employees, and the employer was directed to adhere to its terms and conditions. Furthermore, the employer was required to compensate the union for costs associated with the dispute. This decision underscores the importance of strict compliance with the notice and consultation requirements when terminating an enterprise agreement under the Fair Work Act.

Ceva Logistics (Australia) Pty Ltd T/A Ceva Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established