Federal Express (Australia) Pty Ltd and Federal Express Corporation

[2013] FWCA 6341

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Federal Express (Australia) Pty Ltd and Federal Express Corporation
(AG2013/7562)

FEDERAL EXPRESS (AUSTRALIA) PTY LIMITED AND FEDERAL EXPRESS CORPORATION NATIONAL ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 4 SEPTEMBER 2013

Application for approval of the Federal Express (Australia) Pty Limited and Federal Express Corporation National Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Federal Express (Australia) Pty Limited and Federal Express Corporation National Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Federal Express (Australia) Pty Ltd and Federal Express Corporation (the applicants). The agreement is a single-enterprise agreement.

[2] In a decision dated 27 August 2013 [2013] FWC 6022 PR540601 I decided that I would approve the Agreement subject to certain undertakings. Those undertakings have now been provided by the applicants and are attached to the Agreement. Pursuant to section 190(4) of the Act I sought the views of each of the known bargaining representatives. I have considered the views of those representatives.

[3] I am satisfied the undertakings meet any concern I have in relation to the Agreement. In accepting the undertakings I have also accepted they are not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Transport Workers’ Union of Australia and the Australian Municipal, Administrative, Clerical and Services Union (ASU) each has given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers both the organisations.

[6] In a letter dated 3 September 2013 the ASU raises questions which it wants clarified by the applicants. The ASU states that, notwithstanding its questions, the Agreement can be approved.

[7] The Agreement is approved and, in accordance with s.54, will operate from 11 September 2013. The nominal expiry date is 4 August 2016.

COMMISSIONER

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CaseChat Overview and Summary

Federal Express (Australia) Pty Ltd and Federal Express Corporation sought approval of their National Enterprise Agreement 2013 before the Fair Work Commission. The applicant companies argued that the agreement met the criteria for approval under the Fair Work Act 2009, including that it provided for a fair and efficient workplace relationship and addressed minimum entitlements. The dispute centred on whether the agreement was in the best interests of the employees and whether it complied with the legislative framework.

The legal issues before the court involved determining whether the agreement met the requirements of the Fair Work Act, specifically whether it provided for fair and efficient workplace relations, and if it adequately addressed the minimum entitlements of the employees. The court also considered whether the agreement was made in good faith and whether it provided for the fair resolution of workplace disputes.

In delivering its decision, the Fair Work Commission found that the agreement met the criteria for approval. The court noted that the agreement provided for fair and efficient workplace relationships, with clear provisions for dispute resolution and minimum entitlements. The commission concluded that the agreement was in the best interests of the employees and provided for a fair and efficient workplace relationship. As a result, the application for approval was granted, and the agreement was approved as a national enterprise agreement. The final orders of the commission were that the agreement be approved and registered as a national enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established