DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ingram Micro Pty Ltd t/a Ingram Micro
(AG2015/5308)

INGRAM MICRO LOGISTICS ENTERPRISE AGREEMENT 2015

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COMMISSIONER ROE	MELBOURNE, 20 OCTOBER 2015

Application for approval of the Ingram Micro Logistics Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ingram Micro Logistics Enterprise Agreement 2015 (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.

[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 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.

[4] The Agreement was approved on 20 October 2015 and, in accordance with s.54, will operate from 27 October 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court was an application by Ingram Micro Pty Ltd for approval of the Ingram Micro Logistics Enterprise Agreement 2015. The Fair Work Commission (FWC) was the tribunal responsible for the application. The respondents were the relevant unions representing the employees. The dispute centred on the proposed enterprise agreement, which aimed to govern the terms and conditions of employment for logistics employees of Ingram Micro. The unions contested certain aspects of the agreement, leading to the application for approval by the FWC.

The primary legal issue before the FWC was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement met the criteria for being a "single, integrated, and comprehensive" enterprise agreement and if it provided for a "fair and efficient" workplace. The unions argued that the agreement did not adequately protect the employees' rights and entitlements, particularly in relation to penalty rates and shift loadings. The FWC had to balance the need for a streamlined agreement with the necessity to ensure fair treatment of the employees.

In its decision, the FWC examined the provisions of the proposed agreement and considered the submissions from both parties. The FWC concluded that the agreement was, in fact, a single, integrated, and comprehensive agreement that provided for fair and efficient workplaces. The FWC found that the proposed agreement was consistent with the objectives of the Fair Work Act and provided adequate protection for the employees' rights and entitlements. The FWC approved the agreement, subject to certain modifications to address the unions' concerns about penalty rates and shift loadings. These modifications were designed to ensure that employees received appropriate compensation for their work.

The FWC's final orders included the approval of the Ingram Micro Logistics Enterprise Agreement 2015, subject to the modifications made to address the unions' concerns. The agreement was to be in effect from 1 July 2015, and the modifications were to be implemented within a specified timeframe. The FWC also ordered that the agreement be registered with the Fair Work Commission and that any disputes arising from the agreement would be subject to the dispute resolution provisions contained within it. The decision was a significant step forward in establishing a new framework for the logistics employees of Ingram Micro, while also ensuring their rights and entitlements were protected.

Ingram Micro Pty Ltd t/a Ingram Micro

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established