DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LF Logistics (Australia) Pty Limited
(AG2020/2027)

LF LOGISTICS (AUSTRALIA) PTY LIMITED MARSDEN PARK WAREHOUSE UNITED WORKERS UNION GREENFIELDS AGREEMENT 2020

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 27 JULY 2020

Application for approval of the LF Logistics (Australia) Pty Limited Marsden Park Warehouse United Workers Union Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the LF Logistics (Australia) Pty Limited Marsden Park Warehouse United Workers Union Greenfields Agreement 2020 (the Agreement). The application was made by LF Logistics (Australia) Pty Limited pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of s. 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the United Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the United Workers’ Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 3 August 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LF Logistics (Australia) Pty Limited applied to the Fair Work Commission for approval of a new enterprise agreement with the Marsden Park Warehouse United Workers Union. The union had previously been recognised as the appropriate bargaining representative for the warehouse employees. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was required to determine if the agreement complied with the provisions for good faith bargaining, if it was made free of any improper conduct, and if it met the other criteria set out in the Act.

The Commission examined the process by which the agreement was negotiated and the content of the proposed agreement. It considered whether the employer had engaged in good faith bargaining with the union, if the union had properly represented its members, and if the agreement provided for fair and reasonable terms and conditions of employment. The Commission also assessed whether the agreement complied with the provisions concerning minimum entitlements and the protection of employee rights.

After reviewing the evidence and submissions from both parties, the Commission concluded that the agreement met all the necessary statutory requirements. It found that the negotiation process was conducted in good faith, the union had properly represented its members, and the agreement contained fair and reasonable terms. The Commission was satisfied that the agreement did not undermine the protections provided by the Act and was in the best interests of the employees. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Marsden Park Warehouse United Workers Union Greenfields Agreement 2020, effective from the date of the decision. The approval was subject to the agreement being registered with the Fair Work Commission within the specified timeframe. The employer and the union were required to comply with the terms of the agreement, and any disputes arising from its interpretation or implementation were to be referred to the Commission for resolution.

LF Logistics (Australia) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established