| [2022] FWCA 1362 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ceva Logistics (Australia) Pty Ltd
(AG2022/39)
CEVA Logistics and Transport Workers’ Union National Enterprise Agreement 2020-2023
| Road transport industry | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 26 APRIL 2022 |
Application for approval of the CEVA Logistics and Transport Workers’ Union National Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the CEVA Logistics and Transport Workers’ Union National Enterprise Agreement 2020-2023 (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.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Transport Workers’ Union of Australia (TWU) 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2022. The nominal expiry date of the Agreement is 3 May 2025.
DEPUTY PRESIDENT
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<AE515752 PR740514>
Annexure A.
- AGLC
- Ceva Logistics (Australia) Pty Ltd [2022] FWCA 1362
- Case
- [2022] FWCA 1362
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC included whether the agreement was a 'national system appropriate' agreement as defined by section 230 of the Fair Work Act, and whether it satisfied the procedural requirements under the Act. Specifically, the FWC had to determine if the agreement was made in good faith, if it contained the mandatory terms and conditions, and if the process for making the agreement complied with the statutory requirements. Additionally, the FWC examined whether the agreement appropriately balanced the interests of both parties and complied with the 'better off overall test'.
The FWC found that the agreement met the criteria for approval. The commission determined that the agreement was made in good faith and contained all the mandatory terms and conditions required by the Fair Work Act. The process for making the agreement was deemed to comply with the statutory requirements, and the agreement passed the 'better off overall test'. The FWC concluded that the agreement was fair and balanced, taking into account the interests of both employers and employees. Consequently, the FWC approved the CEVA Logistics and Transport Workers' Union National Enterprise Agreement 2020-2023.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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