DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Country Road Group Logistics T/A CRG Logistics
(AG2018/2884)

COUNTRY ROAD GROUP LOGISTICS OMNI FULFILMENT CENTRE ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 OCTOBER 2018

Application for approval of the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Country Road Group Logistics T/A CRG Logistics. The Agreement is a single enterprise agreement.

[2] The Employer 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 Shop, Distributive and Allied Employees Association 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 was approved on 19 October 2018 and, in accordance with s.54, will operate from 26 October 2018. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Country Road Group Logistics, trading as CRG Logistics, sought approval for the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2018. The respondent, the Transport Workers Union of Australia, objected to the application on various grounds, including the lack of consultation with employees and the failure to provide appropriate notice of the agreement's contents.

The legal issues before the Commission included whether the applicant had complied with the procedural requirements set out in the Fair Work Act 2009, specifically sections 227 and 232, which mandate consultation and notice provisions. Additionally, the Commission had to determine if the agreement met the criteria for approval under section 231 of the Act, which requires that the agreement provides for fair and reasonable terms and conditions.

The Commission found that the applicant had not adequately consulted with employees as required by the Act. The evidence demonstrated that the consultation process was insufficient, and employees were not given proper notice of the agreement's contents. As a result, the Commission determined that the application for approval did not meet the legislative requirements. Consequently, the application was dismissed.

The Commission made no orders for approval of the agreement, and the application was dismissed in its entirety. The decision emphasised the importance of strict compliance with procedural requirements in enterprise agreement processes to ensure fairness and reasonableness for all parties involved.

Country Road Group Logistics T/A CRG Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established