DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Costa Logistics Pty Ltd
(AG2016/1716)

COSTA LOGISTICS EASTERN CREEK DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 7 SEPTEMBER 2016

Application for approval of the Costa Logistics Eastern Creek Distribution Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Costa Logistics Eastern Creek Distribution Centre Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Costa Logistics Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2016. The nominal expiry date of the Agreement is 17 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Costa Logistics Pty Ltd, an applicant, sought approval of the Costa Logistics Eastern Creek Distribution Centre Enterprise Agreement 2016 from the Fair Work Commission. This agreement was intended to govern the employment terms and conditions of employees working in the Eastern Creek Distribution Centre. The dispute arose as the applicant sought to ensure the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement met the requirements for approval under section 232 of the Fair Work Act and whether the agreement was made in good faith and covered the terms and conditions of employment as mandated by the Act. The applicant needed to demonstrate that the agreement was free from any improper influence or interference and that it provided for fair and reasonable terms and conditions.

The Fair Work Commission examined the agreement's compliance with the legislative framework, focusing on its negotiation process, content, and adherence to the principles of good faith and freedom from coercion. The Commission found that the agreement was appropriately negotiated and that it contained terms and conditions that were fair and reasonable. The Commission also confirmed that the agreement was free from any improper influence and that it adequately covered the employment terms and conditions of the employees.

The Fair Work Commission approved the Costa Logistics Eastern Creek Distribution Centre Enterprise Agreement 2016, finding it met all the legal requirements for approval. The decision was made on the basis that the agreement was negotiated in good faith, free from coercion, and contained fair and reasonable terms and conditions. The Commission's approval was subject to the agreement being registered with the Fair Work Commission.

Costa Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established