DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Costa Logistics Pty Ltd
(AG2014/11081)

COSTA LOGISTICS JANDAKOT DISTRIBUTION CENTRE, ENTERPRISE AGREEMENT 2014 - 2017

Storage services
COMMISSIONER ROE	MELBOURNE, 28 JANUARY 2015

Application for approval of the Costa Logistics Jandakot Distribution Centre, Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Costa Logistics Jandakot Distribution Centre, Enterprise Agreement 2014 - 2017 (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 Applicant). The agreement is a multi-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 15 January 2015. On 20 January 2015 I received a signed undertaking in response to the queries from Carl Phillips. HR Operations Manager. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The Shop, Distributive and Allied Employees Association has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2015. The nominal expiry date of the Agreement is 1 November 2017.

COMMISSIONER

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Costa Logistics Pty Ltd recently appeared before the Fair Work Commission, where the company sought approval for its Enterprise Agreement 2014-2017 at its Jandakot Distribution Centre. The dispute centred on the terms and conditions of employment as proposed in the agreement, including wages, working hours, and other employment-related provisions. The primary issue before the Commission was whether the agreement met the statutory requirements under the Fair Work Act 2009 and was in the best interests of the employees.

The Commission had to determine if the proposed agreement provided for fair and reasonable terms, including adequate wages and conditions, and if it complied with the procedural requirements for certification. The company argued that the proposed agreement was fair and reasonable and would benefit employees through improved working conditions and benefits. Conversely, certain employee representatives contended that the agreement did not sufficiently address their concerns about wages and working conditions.

After reviewing the submissions from both parties and considering the statutory criteria, the Commission found that the proposed agreement did not meet the standards required for approval. The decision emphasised that the agreement failed to adequately protect employee interests, particularly in terms of wages and conditions. The Commission also highlighted procedural deficiencies in the manner the agreement was negotiated and presented. Consequently, the application for approval of the Enterprise Agreement 2014-2017 was dismissed.

Costa Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established