Ingram Micro Pty Ltd T/A Ingram Micro

[2018] FWCA 3539

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ingram Micro Pty Ltd T/A Ingram Micro

(AG2018/831)

Ingram Micro Pty Ltd Logistics Enterprise Agreement 2018

Storage services
Commissioner Lee	MELBOURNE, 18 JUNE 2018

Application for approval of the Ingram Micro Pty Ltd Logistics Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Ingram Micro Pty Ltd Logistics Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ingram Micro Pty Ltd T/A Ingram Micro. The Agreement is a single enterprise agreement.

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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

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 2018. The application was opposed by the National Tertiary Education Union. The nature of the dispute centred on various terms and conditions outlined in the proposed enterprise agreement, specifically whether they complied with the requirements of Australian labour law and provided a fair and reasonable outcome for employees. The Fair Work Commission was tasked with determining the validity of the application and whether the agreement should be approved.

The primary legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, with particular focus on sections that govern the process for approving enterprise agreements. Key points of contention included whether the agreement adequately represented the interests of employees, if it met the procedural requirements for registration, and if the terms were fair and reasonable. The Commission also had to consider submissions from both parties and assess whether the agreement met the criteria set out in the legislation.

In its reasoning, the Commission examined the procedural fairness of the agreement, the extent to which it represented the interests of employees, and the reasonableness of the terms. The Commission found that the agreement had been negotiated in good faith and met all statutory requirements for approval. The terms were deemed to be fair and reasonable, taking into account the economic context and the need for a balanced outcome for both employers and employees. The Commission concluded that the application should be approved, and the agreement was valid.

The final orders of the Commission were that the Ingram Micro Pty Ltd Logistics Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the Commission's decision, and the terms would apply to the employees covered by the agreement. This decision marked the resolution of the dispute and set the terms and conditions for the employment relationship between Ingram Micro and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established