DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MMA Offshore Logistics Pty Ltd t/a M Logistics
(AG2015/5719)

LAND LOGISTICS ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2015

Application for approval of the Land Logistics Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Land 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 MMA Offshore Logistics Pty Ltd t/a M Logistics. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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 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.

[4] The Agreement was approved on 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 13 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, MMA Offshore Logistics Pty Ltd trading as M Logistics, sought approval of the Land Logistics Enterprise Agreement 2015. The matter was heard in the Fair Work Commission, which has jurisdiction over the approval of enterprise agreements under the Fair Work Act 2009. The dispute arose from a proposed agreement between the employer and its employees, aiming to regulate various terms and conditions of employment.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of section 231 of the Fair Work Act, which mandates that an enterprise agreement must be in writing, provide for a method for resolving disputes between the parties, and not contravene any federal industrial law. Additionally, the Commission had to ensure the agreement did not adversely affect employees' rights and protections under the Act.

In reaching its decision, the Commission examined the content of the agreement and the process by which it was negotiated. It determined that the agreement met the legislative requirements, including provisions for dispute resolution and adherence to federal industrial laws. The Commission was satisfied that the agreement did not adversely affect the employees' rights and protections under the Act. Consequently, the Commission approved the Land Logistics Enterprise Agreement 2015, finding it to be a lawful and fair agreement.

The Fair Work Commission approved the Land Logistics Enterprise Agreement 2015, effective from the date of the decision. This approval signifies the agreement's compliance with the Fair Work Act, ensuring it provides a fair and lawful framework for the employment relationship between MMA Offshore Logistics Pty Ltd and its employees.

MMA Offshore Logistics Pty Ltd t/a M Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established