CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wallenius Wilhelmsen Logistics Australia Pty Ltd
(AG2015/3862)

WALLENIUS WILHELMSEN LOGISTICS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Vehicle industry
COMMISSIONER BLAIR	MELBOURNE, 20 JULY 2015

Application for approval of the Wallenius Wilhelmsen Logistics Australia Pty Ltd Enterprise Agreement 2015.

[1] The Enterprise Agreement Decision [2015] FWCA 4903 [PR569567] issued by the Fair Work Commission on 20 July 2015 is corrected by deleting at paragraph [4] the date “31 March 2018” and inserting “1 August 2016” in its place.

Printed by authority of the Commonwealth Government Printer

Civforce Traffic Management Pty Ltd, a traffic management services provider, applied to the Fair Work Commission for the approval of a new enterprise agreement with Wallenius Wilhelmsen Logistics Australia Pty Ltd, a logistics and shipping company. The proposed agreement, the Wallenius Wilhelmsen Logistics Australia Pty Ltd Enterprise Agreement 2015, aimed to regulate the terms and conditions of employment for certain employees of Wallenius Wilhelmsen. The Commission was required to determine whether the proposed agreement met the requirements of the Fair Work Act 2009 and should be approved.

The primary legal issue the Commission had to address was whether the proposed agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement satisfied the criteria for approval under section 185 of the Fair Work Act, which includes ensuring that the agreement promotes the objectives of the Act, provides for the appropriate process for resolving disputes, and does not negatively affect the employees' employment conditions. Additionally, the Commission had to examine if the agreement contained provisions that were unfair or unjust, as per section 187 of the Act.

The Commission, after reviewing the application and the proposed agreement, determined that the agreement generally complied with the Fair Work Act. It found that the agreement promoted the objectives of the Act and provided for an appropriate process for resolving disputes. However, the Commission identified an error in the proposed agreement's expiry date, which was incorrectly stated as 31 March 2018 instead of 1 August 2016. The Commission approved the agreement, subject to the correction of this date. The Commission also noted that the agreement included provisions for the appropriate process for resolving disputes and did not contain any unfair or unjust terms.

The Fair Work Commission approved the Wallenius Wilhelmsen Logistics Australia Pty Ltd Enterprise Agreement 2015, with the correction of the expiry date to 1 August 2016. The Commission's decision highlights the importance of accurately drafting enterprise agreements to ensure compliance with the Fair Work Act. The approval of the agreement provides certainty and stability to the employment relationship between Wallenius Wilhelmsen Logistics Australia Pty Ltd and its employees, while also promoting the objectives of the Fair Work Act.

Civforce Traffic Management Pty Ltd

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established