DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Couriers Please Pty Ltd T/A Couriers Please
(AG2019/1919)

COURIERS PLEASE - TRUGANINA FREIGHT HANDLERS AGREEMENT 2019

Road transport industry
COMMISSIONER JOHNS	MELBOURNE, 19 JUNE 2019

Application for approval of the Couriers Please - Truganina Freight Handlers Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Couriers Please - Truganina Freight Handlers Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Couriers Please Pty Ltd T/A Couriers Please. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Couriers Please Pty Ltd trading as Couriers Please, sought approval of an enterprise agreement from the Fair Work Commission. The proposed agreement, titled the Couriers Please – Truganina Freight Handlers Agreement 2019, was intended to govern the employment conditions of freight handlers at the Truganina facility. The applicants contended that the agreement complied with all statutory requirements and was appropriate for endorsement. The respondents, who included various unions, argued that the proposed agreement was unfair and did not meet the necessary standards under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the formal requirements set out in the Fair Work Act and whether it was an appropriate enterprise agreement under section 232 of the Act. The Commission needed to examine the agreement's content, including its provisions on pay, hours of work, and other employment conditions, to ensure it did not unjustifiably discriminate against employees and met the standards of procedural fairness.

The Fair Work Commission determined that the proposed agreement was appropriately drafted and met all formal requirements under the Fair Work Act. The Commission considered the evidence presented by both parties, including the processes undertaken to negotiate the agreement and the content of the agreement itself. The Commission found that the agreement did not contain any provisions that unjustifiably discriminated against employees and was fair and reasonable in all respects. Consequently, the Commission approved the Couriers Please – Truganina Freight Handlers Agreement 2019.

As a result of the Commission's decision, the Couriers Please – Truganina Freight Handlers Agreement 2019 was approved and registered under the Fair Work Act. The agreement now governs the employment conditions of the relevant employees, providing a clear framework for their remuneration, working hours, and other employment terms. The decision sets a precedent for similar agreements in the industry, reinforcing the importance of fair and lawful enterprise agreements in maintaining balanced industrial relations.

Couriers Please Pty Ltd T/A Couriers Please

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established