Ingram Micro Pty Ltd Summary

[2024] FWCA 4007

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Ingram Micro Pty Ltd

(AG2024/3887)

INGRAM MICRO PTY LTD LOGISTICS ENTERPRISE AGREEMENT 2024

Technical services
DEPUTY PRESIDENT CROSS	SYDNEY, 18 NOVEMBER 2024

Application for approval of the Ingram Micro Pty Ltd Logistics Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ingram Micro Pty Ltd Logistics Enterprise Agreement 2024 (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. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of 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 United 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2024. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for the approval of the Ingram Micro Pty Ltd Logistics Enterprise Agreement 2024. The agreement was entered into by Ingram Micro Pty Ltd and the Retail and Fast Food Workers Union. The union represents a number of employees in the logistics sector who are employed by Ingram Micro. The nature of the dispute centred around the terms and conditions of employment set forth in the proposed enterprise agreement, and the union sought the commission's approval to ensure the agreement met the necessary legal standards.

The primary legal issues the commission was required to decide included whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, and whether the agreement adequately provided for the employees' rights and obligations. This involved examining the fairness of the terms and conditions, the process through which the agreement was negotiated, and whether the agreement met the criteria for approval under the Fair Work Act. The commission also considered whether the agreement would facilitate the efficient operation of the enterprise and the broader logistics industry.

In delivering its decision, the commission noted that the agreement had been negotiated in good faith and that it contained terms and conditions that were fair and reasonable. The commission found that the agreement appropriately balanced the interests of both the employer and the employees, providing for fair remuneration and working conditions. The commission was satisfied that the agreement met the legal standards required for approval and would facilitate the efficient operation of the enterprise. Consequently, the commission approved the Ingram Micro Pty Ltd Logistics Enterprise Agreement 2024.

The final orders included the approval of the agreement, which would now form the basis of employment terms and conditions for the employees represented by the Retail and Fast Food Workers Union. The approved agreement would be registered with the Fair Work Commission, providing legal certainty for both the employer and employees. This decision ensured that the terms of the agreement would be enforceable and that the employees would benefit from the agreed-upon conditions of employment.

Ingram Micro Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established