Ingram Micro Pty Ltd T/A Ingram Micro

[2021] FWCA 6788

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ingram Micro Pty Ltd T/A Ingram Micro
(AG2021/8132)

INGRAM MICRO PTY LTD LOGISTICS ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 22 NOVEMBER 2021

Application for approval of the Ingram Micro Pty Ltd Logistics Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Ingram Micro Pty Ltd Logistics Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The United 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.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 29 November 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ingram Micro Pty Ltd, trading as Ingram Micro, applied to the Fair Work Commission for the approval of the Ingram Micro Pty Ltd Logistics Enterprise Agreement 2021. The application sought to formalise the terms and conditions of employment for logistics employees within the company. The application was contested by the Australian Manufacturing Workers Union, which represented some of the employees covered by the agreement.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions, did not adversely affect employees' job security, and was made in good faith. Furthermore, the Commission considered whether the agreement was consistent with the existing industrial instruments and did not unfairly discriminate against any group of employees.

The Fair Work Commission determined that the proposed enterprise agreement satisfied the legislative criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions for the logistics employees and did not adversely affect their job security. The Commission found that the agreement was made in good faith and was consistent with the existing industrial instruments. Additionally, the Commission was satisfied that the agreement did not unfairly discriminate against any group of employees. Based on these findings, the Commission approved the Ingram Micro Pty Ltd Logistics Enterprise Agreement 2021.

As a result of the approval, the Ingram Micro Pty Ltd Logistics Enterprise Agreement 2021 is now a legally binding document governing the employment terms and conditions of the logistics employees covered by the agreement. The approval ensures that the agreement will provide for fair and reasonable terms and conditions while maintaining the rights and protections of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established