Costa Logistics Pty Ltd

[2024] FWCA 2228

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Costa Logistics Pty Ltd

(AG2024/1929)

COSTA LOGISTICS JANDAKOT DISTRIBUTION CENTRE, ENTERPRISE AGREEMENT 2024

Storage services and wholesale industry
COMMISSIONER CRAWFORD	SYDNEY, 17 JUNE 2024

Application for approval of the Costa Logistics Jandakot Distribution Centre, Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Costa Logistics Jandakot Distribution Centre, Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Costa Logistics Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Shop, Distributive and Allied Employees Association (SDA) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the SDA.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Costa Logistics Pty Ltd, the applicant sought approval for the Costa Logistics Jandakot Distribution Centre, Enterprise Agreement 2024 from the Fair Work Commission. The applicant, Costa Logistics, is an employer in the logistics and distribution industry, and the dispute centred around the terms and conditions of employment for the workers covered by the proposed agreement. The application was brought before the Fair Work Commission, an Australian tribunal responsible for resolving workplace disputes and enforcing workplace laws.

The key legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions for the employees. This included assessing whether the agreement was genuinely negotiated, met the coverage requirements, and provided for fair pay and conditions. The Commission also considered the potential impact of the agreement on the workforce and the broader industry.

After reviewing the application and the submissions from both parties, the Fair Work Commission found that the proposed agreement met the necessary legal criteria. The Commission determined that the agreement was genuinely negotiated, covered the appropriate employees, and provided for fair pay and conditions. The Commission approved the Costa Logistics Jandakot Distribution Centre, Enterprise Agreement 2024, recognising its compliance with the relevant legislation and its potential to provide a fair and reasonable outcome for the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established