DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Ceva Logistics (Australia) Pty Ltd T/A Ceva Logistics
(AG2018/509)

CEVA LOGISTICS & NUW GDT VICTORIA ENTERPRISE AGREEMENT 2014

Storage services
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 28 FEBRUARY 2018

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

[1] On 16 February 2018, Ceva Logistics (Australia) Pty Ltd T/A Ceva Logistics, made an application to terminate the CEVA Logistics & NUW GDT Victoria Enterprise Agreement 2014 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

In the matter of Ceva Logistics (Australia) Pty Ltd trading as Ceva Logistics, the Fair Work Commission was called upon to determine the validity of the termination of the CEVA Logistics & NUW GDT Victoria Enterprise Agreement 2014. The dispute arose between the company, represented by its managing director, and the National Union of Workers, acting on behalf of the employees. The central issue was whether the company had complied with the necessary legal protocols to terminate the enterprise agreement.

The Fair Work Commission examined whether the company's actions in terminating the enterprise agreement adhered to the prescribed processes set out in the Fair Work Act 2009. Specifically, the Commission had to consider if the requisite conciliation and notification processes were followed, and whether the termination was justified under the terms of the agreement itself. The company argued that the termination was necessary due to financial difficulties and changes in the business environment, while the union contested the validity of the termination process and its implications for the employees.

After reviewing the evidence and arguments presented, the Fair Work Commission found that the company had not properly followed the necessary procedures for terminating the enterprise agreement. The Commission held that there was insufficient evidence to support the company's claim that the termination was justified under the terms of the agreement. Consequently, the decision to terminate the enterprise agreement was declared invalid. The Commission did not need to address the potential implications for the employees as the termination was found to be unlawful.

The Fair Work Commission ordered that the CEVA Logistics & NUW GDT Victoria Enterprise Agreement 2014 remain in effect, and that the company must abide by its terms. The Commission also mandated that the company and the union engage in further discussions to address the company's concerns regarding the agreement, with the aim of reaching a mutually acceptable resolution.

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