Lf Logistics (Australia) Pty Limited

[2024] FWCA 2904

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Lf Logistics (Australia) Pty Limited

(AG2024/2643)

LF LOGISTICS (AUSTRALIA) PTY LIMITED AND MAERSK LOGISTICS & SERVICES AUSTRALIA PTY LTD AND MAERSK CONTRACT

Logistics Warehouse & United Workers Union Enterprise Agreement 2023

Storage services
DEPUTY PRESIDENT CROSS	SYDNEY, 7 AUGUST 2024

Application for approval of the LF Logistics (Australia) Pty Limited and Maersk Logistics & Services Australia Pty Ltd and Maersk Contract Logistics Warehouse & United Workers Union Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the LF Logistics (Australia) Pty Limited and Maersk Logistics & Services Australia Pty Ltd and Maersk Contract Logistics Warehouse & United Workers Union Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lf Logistics (Australia) Pty Limited. 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 14 August 2024. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Lf Logistics (Australia) Pty Limited, the Fair Work Commission was presented with an application for the approval of a new enterprise agreement. The parties involved were Lf Logistics (Australia) Pty Limited, Maersk Logistics & Services Australia Pty Ltd, Maersk Contract Logistics Warehouse, and the United Workers Union. The dispute centred on whether the proposed enterprise agreement, which had been negotiated between the employers and the union, met the necessary legal standards for approval under the Fair Work Act 2009. The Commission was required to determine whether the agreement was made in good faith, was free from any improper influence or interference, and complied with the relevant provisions of the Act.

The central legal issues before the Commission were whether the agreement was negotiated in good faith, free from coercion, and whether it adhered to the requirements set out in the Act. The Commission had to consider evidence regarding the negotiation process and whether there was any undue pressure exerted on the union or employees during the bargaining process. Additionally, the Commission needed to ensure that the agreement did not contravene any provisions of the Act or the National Employment Standards.

The Fair Work Commission, after considering the evidence and submissions from both the employers and the union, found that the agreement was made in good faith and without any improper influence or interference. The Commission was satisfied that the negotiation process was conducted fairly and that the agreement met all the necessary legal requirements. The Commission highlighted that the agreement provided for fair and reasonable terms and conditions for the employees and that it complied with the provisions of the Act. Consequently, the Commission approved the enterprise agreement, allowing it to be formally registered and enforceable.

The final orders of the Commission included the approval and registration of the LF Logistics (Australia) Pty Limited and Maersk Logistics & Services Australia Pty Ltd and Maersk Contract Logistics Warehouse & United Workers Union Enterprise Agreement 2023, effective from the date of the decision. The agreement was to be implemented as per the terms outlined, and the Commission emphasised the importance of continued good faith bargaining and compliance with the Act in future negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established