Global Warehousing and Logistics Pty Ltd

[2022] FWCA 4402

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Global Warehousing and Logistics Pty Ltd

(AG2022/4939)

Global Warehousing Logistics Pty Ltd and the Australian Workers’ Union (A.W.U) Truganina Agreement 2022 -2024

Storage services
COMMISSIONER LEE	MELBOURNE, 14 DECEMBER 2022

Application for approval of the Global Warehousing Logistics Pty Ltd and the Australian Workers’ Union (A.W.U) Truganina Agreement 2022 -2024

An application has been made for approval of an enterprise agreement known as the Global Warehousing Logistics Pty Ltd and the Australian Workers’ Union (A.W.U) Truganina Agreement 2022 -2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Global Warehousing and Logistics Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Workers’ Union 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.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

· Clause 33.3(b) – Annual Leave

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2022. The nominal expiry date of the Agreement is 31 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Global Warehousing and Logistics Pty Ltd involves an application for the approval of an enterprise agreement between Global Warehousing and Logistics Pty Ltd and the Australian Workers’ Union (AWU) for the Truganina site. The application was brought before the Fair Work Commission (FWC) by the union. The nature of the dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it met the "better off overall test" (BOOT), ensuring employees were not disadvantaged by the terms of the agreement compared to their previous conditions.

The legal issues that the FWC was required to decide included whether the agreement was fairly negotiated and if it provided for genuine terms and conditions. The FWC had to assess whether the proposed agreement met the statutory requirements for approval, particularly focusing on the BOOT, which mandates that employees must be at least as well off under the new agreement as they were under their previous conditions. Additionally, the FWC needed to ensure that the agreement was free from any unfair provisions that might undermine the rights or protections afforded to employees under the Fair Work Act.

The FWC, after reviewing the submissions and evidence provided by both parties, determined that the proposed agreement was fairly negotiated and complied with the statutory requirements. The FWC found that the agreement met the BOOT, providing employees with a fair balance of benefits and obligations. The FWC also concluded that the agreement did not contain any unfair provisions and adequately protected employees' rights and interests. Consequently, the FWC approved the Global Warehousing Logistics Pty Ltd and the Australian Workers’ Union (AWU) Truganina Agreement 2022-2024.

The FWC's final orders included the approval of the enterprise agreement, which would now govern the terms and conditions of employment for the employees at the Truganina site for the specified period. The agreement, as approved, would come into effect on the date of the FWC's decision and would remain in force until the end of the specified period, unless otherwise terminated or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established