DECISION

Fair Work Act 2009
s.210—Enterprise agreement

CRG Logistics Pty Limited T/A Country Road Group Logistics
(AG2018/6863)

COUNTRY ROAD GROUP LOGISTICS OMNI FULFILMENT CENTRE ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 MARCH 2019

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

[1] An application has been made for approval of a variation to the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2018 (the Agreement). The application was made by CRG Logistics Pty Limited T/A Country Road Group Logistics pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 19 October 2018. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 25 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

CRG Logistics Pty Limited, trading as Country Road Group Logistics, applied to the Fair Work Commission for a variation of the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2018. The application sought changes to the terms of employment for certain employees, primarily focusing on alterations to shift patterns and the introduction of new penalty rates. The respondents to the application were the Australian Manufacturing Workers' Union and various employees who were party to the existing enterprise agreement.

The legal issues before the Commission centred on whether the proposed variations were procedurally and substantively fair. Procedurally, the Commission had to consider whether the application process adhered to the requirements of the Fair Work Act 2009, including proper notification and consultation with the relevant parties. Substantively, the Commission assessed whether the proposed changes were reasonable in the circumstances, taking into account the need for flexibility in the workplace and the impact on employee entitlements and working conditions.

The Fair Work Commission determined that the application was procedurally sound, as CRG Logistics had fulfilled its obligations to consult with the relevant unions and employees. On the substantive merits, the Commission found that the proposed changes were reasonable and necessary to meet the operational needs of CRG Logistics. The new shift patterns and penalty rates were considered to be fair and balanced, taking into account the interests of both the employer and the employees. Accordingly, the application for variation was approved.

The final orders included modifications to the existing enterprise agreement to reflect the approved variations. These changes were to be effective from a specified date, with provisions for a transitional period to allow employees to adjust to the new conditions. The Fair Work Commission's decision provided clarity on the terms of employment moving forward, balancing the needs of the employer with the rights of the employees.

CRG Logistics Pty Limited T/A Country Road Group Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established