DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MPH Logistics Pty Ltd
(AG2019/3598)

MPH LOGISTICS PTY LTD ENTERPRISE AGREEMENT (VICTORIA) 2019

Road transport industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 28 OCTOBER 2019

Application for approval of the MPH Logistics Pty Ltd Enterprise Agreement (Victoria) 2019.

[1] MPH Logistics Pty Ltd has applied for approval of a single enterprise agreement known as the MPH Logistics Pty Ltd Enterprise Agreement (Victoria) 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The bargaining representatives did not oppose the Undertakings and the Undertakings resolved some initial concerns raised by a bargaining representative. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 28 October 2019. Notwithstanding the purported intention of the parties at clause 4 of the Agreement, in accordance with s.54, the Agreement will operate from 4 November 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in the case were the applicant, MPH Logistics Pty Ltd, and the Fair Work Commission. The nature of the dispute was an application for the approval of the Enterprise Agreement (Victoria) 2019. The court involved was the Fair Work Commission. The legal issues the court needed to decide included whether the agreement was in the best interests of the employees and if it complied with the relevant legislative provisions.

The court's reasoning focused on whether the agreement met the requirements under the Fair Work Act 2009. The court examined if the agreement was a "low paid" enterprise agreement and if it contained terms that were more favourable than the safety net provided by the relevant industrial instrument. The court also considered if the agreement provided for appropriate processes for the resolution of workplace disputes and if it met the minimum standards set out in the Act.

The Fair Work Commission approved the Enterprise Agreement (Victoria) 2019, finding that it met the legislative requirements. The court concluded that the agreement was more favourable than the safety net, contained appropriate dispute resolution processes, and met the minimum standards. The decision was based on a detailed analysis of the agreement's terms and the evidence provided by the applicant. The court's approval was granted, allowing the agreement to come into effect.

MPH Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established