DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fastline Logistics Pty Ltd
(AG2017/2084)

FASTLINE LOGISTICS PTY LTD - TCFUA ENTERPRISE AGREEMENT 2017

Clothing industry
COMMISSIONER GREGORY	MELBOURNE, 5 JULY 2017

Application for approval of the Fastline Logistics Pty Ltd - TCFUA Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Fastline Logistics Pty Ltd - TCFUA Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fastline Logistics Pty Ltd. 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 Textile, Clothing and Footwear Union of Australia 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 12 July 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fastline Logistics Pty Ltd is the subject of an application to the Fair Work Commission for the approval of the Fastline Logistics Pty Ltd - TCFUA Enterprise Agreement 2017. The dispute involves the terms and conditions of employment for employees represented by the Transport, Communications, Utilities and Administrative Union (TCFUA). The application was brought before the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The primary legal issues the Commission had to address were whether the agreement met the statutory requirements for approval, including whether it was made in the good faith of both parties, and whether it provided for the terms and conditions of employment of the employees in an appropriate manner.

The Commission considered various aspects of the agreement, including the process by which it was negotiated and whether it contained all the mandated terms and conditions. The Commission determined that the agreement was made in good faith, as evidenced by the thorough negotiation process that included multiple meetings and the involvement of union representatives. It was also found that the agreement provided for the mandated terms and conditions, including wages, hours of work, and other employment-related matters. The Commission was satisfied that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees.

Based on its findings, the Commission approved the Fastline Logistics Pty Ltd - TCFUA Enterprise Agreement 2017. The approval was granted on the basis that the agreement met all the statutory requirements for such agreements and was fair and reasonable. The Commission noted that the agreement provided for appropriate terms and conditions of employment and was made in good faith. This decision ensures that the employees covered by the agreement will benefit from the terms negotiated by their union representatives, while also providing certainty to the employer regarding the employment conditions of their staff.

Fastline Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established