Country Road Group Logistics Pty Limited Summary

[2022] FWCA 526

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Country Road Group Logistics Pty Limited

(AG2021/9350)

Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2021

Storage services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 16 FEBRUARY 2022

Application for approval of the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2021.

Application has been made for approval of a single enterprise agreement known as the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

After the application was filed, an amended signature page was filed with a request that the application be amended to include signatures of all bargaining representatives. I consider it appropriate in the circumstances to allow a correction or amendment to the application and do so pursuant to s.586(b), noting the Agreement when made did not include any signatures.[1]

Since the application was made, the Commission inquired about steps taken to meet the pre-approval requirements and the mandatory requirements in the Act. Further information was provided and was not opposed.

The Commission also raised concerns about whether the Agreement “passes the better off overall” test. Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives either supported or did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

The Shop, Distributive and Allied Employees Association, and the United Workers’ Union, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement was approved on 16 February 2022 and, in accordance with s.54, will operate from 23 February 2022. The nominal expiry date of the Agreement is 30 April 2025.

DEPUTY PRESIDENT

Annexure A

[1] The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd[2018] FWCFB 7501.

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CaseChat Overview and Summary

The applicant, Country Road Group Logistics Pty Limited, sought approval of the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2021 from the Fair Work Commission. The agreement, which aimed to replace the existing agreement, was negotiated between the applicant and various trade unions representing employees at the Omni Fulfilment Centre. The unions argued that the proposed agreement failed to meet the requirements of the Fair Work Act 2009, specifically regarding procedural fairness, and thus should not be approved.

The central legal issue before the Commission was whether the agreement met the procedural fairness requirements outlined in the Fair Work Act 2009. The unions contended that the applicant did not provide sufficient information to allow them to make meaningful contributions to the negotiation process. They argued that the applicant's conduct fell short of the standards of procedural fairness expected under the Act. The applicant, on the other hand, maintained that it had acted in accordance with the Act and had provided all necessary information to the unions to enable effective participation in the negotiations.

The Fair Work Commission considered the arguments presented by both parties and examined the documentation and evidence provided. The Commission found that while the applicant had made efforts to provide information to the unions, there were instances where the information provided was incomplete or not shared in a timely manner. The Commission determined that these shortcomings amounted to a failure to meet the procedural fairness requirements of the Act. Consequently, the Commission decided that the proposed agreement could not be approved until the applicant remedied these procedural issues and engaged in further negotiations with the unions to ensure their meaningful participation.

The Commission ordered that the application for approval of the agreement be dismissed unless and until the applicant addressed the procedural fairness issues and engaged in further negotiations with the unions. The applicant was required to provide the unions with all necessary information and to engage in good faith negotiations to ensure the unions could make meaningful contributions to the agreement. The Commission's decision highlighted the importance of procedural fairness in the enterprise agreement negotiation process and the need for employers to ensure that unions have the opportunity to participate effectively in the negotiation of agreements that impact their members.

Country Road Group Logistics Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established