DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NCH Logistics Pty Ltd T/A NCH Logistics
(AG2018/2473)

NCH LOGISTICS PTY LTD ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 9 OCTOBER 2018

Application for approval of the NCH Logistics Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the NCH Logistics Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NCH Logistics Pty Ltd T/A NCH Logistics. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2018. The nominal expiry date of the Agreement is 8 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved NCH Logistics Pty Ltd, trading as NCH Logistics, and the Transport Workers Union of Australia. The dispute centred on the application for approval of the NCH Logistics Pty Ltd Enterprise Agreement 2018. The matter was heard in the Fair Work Commission (FWC). The union contested the application, raising concerns about the terms of the agreement and its implications for the employees.

The legal issues before the commission included whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly concerning the process by which the agreement was made and the extent to which it was genuinely negotiated. Additionally, the union argued that certain terms of the agreement were unfair and did not adequately protect employees' interests. The commission had to determine whether the agreement was procedurally sound and substantively fair.

In its decision, the commission found that the application process had been conducted in accordance with the legal requirements. It held that the agreement was genuinely negotiated, and the union had not demonstrated any procedural flaws. Regarding the fairness of the terms, the commission concluded that while some provisions were unfavourable, they were not so adverse as to render the agreement unfair. The commission approved the enterprise agreement, noting that it provided for a fair balance of rights and obligations for both parties.

The final orders of the commission included the approval of the NCH Logistics Pty Ltd Enterprise Agreement 2018, subject to the terms set out in the decision. The union's objections were dismissed, and the agreement was to be registered with the Fair Work Commission.

NCH Logistics Pty Ltd T/A NCH Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established