DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Global Warehousing Logistics Pty Ltd
(AG2017/673)

GLOBAL WAREHOUSING LOGISTICS PTY LTD AND THE AUSTRALIAN WORKERS’ UNION (A.W.U) TRUGANINA AGREEMENT 2016-2019

Storage services
COMMISSIONER CIRKOVIC	SYDNEY, 30 MARCH 2017

Application for approval of the Global Warehousing Logistics Pty Ltd and the Australian Workers’ Union (A.W.U) Truganina Agreement 2016-2019.

[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 2016-2019 (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 Logistics Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 30 March 2017 and, in accordance with s.54, will operate from 6 April 2017. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

Global Warehousing Logistics Pty Ltd, a company involved in warehousing and logistics, sought approval of an enterprise agreement with the Australian Workers’ Union (AWU) for the period 2016-2019. The Fair Work Commission was tasked with reviewing and approving this agreement under the Fair Work Act 2009. The dispute centred around whether the agreement complied with the statutory requirements and provisions of the Act, including the "better off overall test" (BOOT) to ensure that employees were not worse off financially under the new agreement.

The legal issues before the Commission included whether the agreement was made in good faith, whether it contained mandatory terms as required by the Act, and whether it met the BOOT. Additionally, the court needed to determine if the agreement had been fairly and genuinely negotiated and whether it adhered to the criteria for approval set forth by the Fair Work Act.

The Commission examined the negotiation process and found that the agreement had been fairly and genuinely negotiated between the parties. It was determined that the agreement contained all mandatory terms and that the parties had made a genuine effort to reach an agreement. Furthermore, the Commission assessed the BOOT by comparing the proposed terms of the agreement with the existing terms, finding that employees would not be worse off overall. The Commission also considered the impact of the agreement on the employees' work conditions, remuneration, and other employment benefits. After thorough analysis, the Commission approved the agreement, noting its compliance with the statutory requirements and its alignment with the principles of the Act.

The Commission's decision resulted in the approval of the Global Warehousing Logistics Pty Ltd and the AWU Truganina Agreement 2016-2019. The agreement was deemed to meet all the necessary criteria under the Fair Work Act, including the BOOT, and was therefore fit for endorsement. The Commission's approval ensures that the terms of the agreement will apply to the employees of Global Warehousing Logistics Pty Ltd for the specified period.

Global Warehousing 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