Federal Express (Australia) Pty Ltd and Federal Express Corporation

Federal Express (Australia) Pty Ltd and Federal Express Corporation applied to the Fair Work Commission for approval of the Federal Express (Australia) Pty Limited and Federal Express Corporation National Enterprise Agreement 2013. The application was opposed by the Australian Services Union. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the opposition argued that the agreement failed to address certain employee protections and entitlements.

The court needed to determine whether the agreement was fair and reasonable, taking into account the relevant factors under the Fair Work Act 2009. This included assessing whether the agreement appropriately balanced the interests of employees and employers and whether it provided fair and reasonable terms and conditions. The court also considered whether the agreement met the minimum standards of the National Employment Standards and other applicable awards and agreements.

In assessing the application, the court examined the terms of the agreement and the submissions from both parties. The court found that the agreement provided for fair and reasonable terms and conditions for employees, taking into account their needs and the nature of the business. The court also found that the agreement met the minimum standards required by the Fair Work Act 2009 and provided for appropriate protections and entitlements for employees. Accordingly, the court approved the agreement.

The final order was that the Federal Express (Australia) Pty Limited and Federal Express Corporation National Enterprise Agreement 2013 was approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would apply to all employees covered by the agreement. The court also ordered that the agreement be published on the Fair Work Commission's website.