DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Godfrey Hirst Australia Pty Ltd
(AG2016/935)

GODFREY HIRST LOGISTICS COLLECTIVE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 16 MAY 2016

Application for approval of the Godfrey Hirst Logistics Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Godfrey Hirst Logistics Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Godfrey Hirst Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement was approved on 16 May 2016 and, in accordance with s.54, will operate from 23 May 2016. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Godfrey Hirst Australia Pty Ltd, the employer, sought approval for the Godfrey Hirst Logistics Collective Agreement 2016 from the Fair Work Commission. The applicant and the respondents, the Transport Workers Union and the National Transport Workers Union, were engaged in a dispute regarding the terms and conditions of employment within the logistics sector. The crux of the disagreement lay in the provisions concerning shift patterns, leave entitlements, and other employment conditions. The case was heard by the Fair Work Commission, which was tasked with determining whether the agreement was fair and reasonable, and thus eligible for approval.

The central legal issues revolved around the fairness and reasonableness of the proposed agreement. The Commission needed to assess whether the agreement met the statutory criteria set out in section 233 of the Fair Work Act 2009. This involved an examination of the terms and conditions proposed in the agreement, including provisions for shift patterns, leave entitlements, and other employment conditions. The Commission also needed to consider whether the agreement provided for appropriate mechanisms to address any disputes that might arise under the agreement. The Commission had to ensure that the agreement complied with all relevant legislative provisions and that it was fair and reasonable in all the circumstances.

The Fair Work Commission found that the Godfrey Hirst Logistics Collective Agreement 2016 was fair and reasonable. The Commission concluded that the agreement met the statutory criteria set out in section 233 of the Fair Work Act 2009. The Commission noted that the agreement provided for appropriate mechanisms to address any disputes that might arise under the agreement. The Commission also found that the agreement was consistent with relevant industrial awards and provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, finding that it was fair and reasonable in all the circumstances.

The Fair Work Commission approved the Godfrey Hirst Logistics Collective Agreement 2016, effective from 1 July 2016. The agreement will apply to employees in the logistics sector employed by Godfrey Hirst Australia Pty Ltd. The approval of the agreement ensures that employees in this sector will have fair and reasonable terms and conditions of employment, providing them with certainty and protection in their employment. The agreement also provides for mechanisms to address any disputes that might arise under the agreement, ensuring that any issues can be resolved in a fair and reasonable manner.

Godfrey Hirst Australia Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established