Global Warehousing and Logistics Pty Ltd Summary

[2024] FWCA 2706

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Global Warehousing and Logistics Pty Ltd

(AG2024/2493)

GLOBAL WAREHOUSING LOGISTICS PTY LTD AND THE AUSTRALIAN WORKERS’ UNION (A.W.U) TRUGANINA AGREEMENT 2024-2026

Storage services
COMMISSIONER LEE	MELBOURNE, 23 JULY 2024

Application for approval of the Global Warehousing Logistics Pty Ltd and the Australian Workers’ Union (A.W.U) Truganina Agreement 2024-2026

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 2024-2026 (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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2024. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Global Warehousing and Logistics Pty Ltd, sought approval for the Global Warehousing Logistics Pty Ltd and the Australian Workers’ Union (A.W.U) Truganina Agreement 2024-2026. This application was brought to the Fair Work Commission. The applicant and the union were in dispute over the terms of the proposed agreement, specifically regarding wage rates and conditions for employees.

The central legal issue before the Commission was whether the proposed agreement met the requirements set forth in the Fair Work Act 2009. This involved examining the fairness of the agreement, considering the views of the parties, and ensuring it did not undermine the principles of the award safety net. The Commission needed to determine whether the agreement was made in good faith, was fair and reasonable, and whether it provided for the efficient operation of the business.

The Fair Work Commission found that the proposed agreement was fair and reasonable and met the criteria set by the Fair Work Act. The Commission took into account the views of both parties and the broader economic context. It concluded that the agreement provided a fair and balanced set of terms and conditions that did not undermine the award safety net. The Commission approved the agreement, recognising it as a fair and reasonable outcome for both the employer and the employees.

The final orders of the Commission were that the Global Warehousing Logistics Pty Ltd and the Australian Workers’ Union (A.W.U) Truganina Agreement 2024-2026 be approved and registered as a registered agreement under the Fair Work Act. The agreement was to be in effect from the date of registration and would apply to all employees covered by its terms.

Global Warehousing and Logistics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established