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[2022] FWCA 586

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

IPEC Pty Ltd

(AG2021/9338)

Global Express - TWU Enterprise Agreement 2021-2023

Road transport industry
COMMISSIONER LEE	MELBOURNE, 21 FEBRUARY 2022

Application for approval of the Global Express - TWU Enterprise Agreement 2021-2023

An application has been made for approval of an enterprise agreement known as the Global Express - TWU Enterprise Agreement 2021-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IPEC 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 Transport Workers’ Union of Australia 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.

I observe that clause 23(f) and the Local Agreements incorporated pursuant to clause 8 are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, IPEC Pty Ltd, sought approval of the Global Express - TWU Enterprise Agreement 2021-2023 from the Fair Work Commission. The dispute involved the terms of the agreement, which covered employees of IPEC Pty Ltd, and the rights and obligations of the parties under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the criteria for approval under the Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Act.

The key legal issues before the Commission were whether the agreement adequately protected the rights and interests of the employees, and whether it complied with the statutory requirements for approval. The Commission considered the terms of the agreement, the evidence presented by the parties, and the relevant legal principles. The Commission found that the agreement was fair and reasonable, and that it complied with the requirements of the Act.

In reaching its decision, the Commission considered the evidence and submissions from both parties, and the relevant legal principles. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the requirements of the Act. The Commission also found that the agreement was in the best interests of the employees, and that it provided for adequate protection of their rights and interests.

The Commission approved the Global Express - TWU Enterprise Agreement 2021-2023, subject to certain conditions and modifications. The applicants were directed to give notice of the approved agreement to their employees, and to take all necessary steps to give effect to the agreement. The Commission also directed the parties to take all reasonable steps to ensure that the agreement was implemented in accordance with its terms.

IPEC Pty Ltd

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