DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Global Warehousing and Logistics Pty Ltd
(AG2019/2874)

GLOBAL WAREHOUSING LOGISTICS PTY LTD AND THE AUSTRALIAN WORKERS’ UNION (A.W.U) TRUGANINA AGREEMENT 2019-2022

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 22 AUGUST 2019

Application for approval of the Global Warehousing Logistics Pty Ltd and the Australian Workers’ Union (A.W.U.) Truganina Agreement 2019-2022.

[1] 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 2019-2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 29 August 2019. The nominal expiry date of the Agreement is 31 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Global Warehousing and Logistics Pty Ltd and the Australian Workers’ Union (AWU), with the dispute focusing on the approval of their Truganina Agreement for the period 2019-2022. The matter was heard in the Fair Work Commission, which was tasked with assessing the agreement's compliance with relevant employment laws and fairness standards. The AWU sought approval of the agreement, while Global Warehousing and Logistics Pty Ltd did not oppose the application.

The primary legal issues the court had to address included whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically in relation to the protection of employees' rights, conditions of employment, and procedural fairness. Additionally, the court had to consider whether the agreement adequately provided for the resolution of any disputes that might arise during its term. The AWU argued that the agreement was fair and met all necessary legal requirements, while Global Warehousing and Logistics Pty Ltd did not challenge the agreement's content or legality.

In delivering its decision, the Fair Work Commission determined that the Truganina Agreement 2019-2022 complied with all statutory requirements and was fair and reasonable. The court found that the agreement appropriately safeguarded employees' rights and conditions of employment and included mechanisms for resolving disputes. The AWU's representation that the agreement had been negotiated in good faith and covered all essential aspects of employment was accepted by the court. Consequently, the commission approved the agreement, acknowledging its alignment with the principles of fairness and the law.

The final orders of the court were that the Truganina Agreement 2019-2022 between Global Warehousing and Logistics Pty Ltd and the Australian Workers’ Union was approved and would be registered with the Fair Work Commission. This decision ensured that the agreement would have legal effect and could be enforced between the parties as per its terms.

Global Warehousing and 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