DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Neovia Logistics Services Australia Pty Ltd
(AG2017/2133)

NEOVIA (AUSTRALIA) PTY LTD (JAGUAR LAND ROVER FACILITY) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER GREGORY	MELBOURNE, 29 JUNE 2017

Application for approval of the Neovia (Australia) Pty Ltd (Jaguar Land Rover Facility) and National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Neovia (Australia) Pty Ltd (Jaguar Land Rover Facility) and National Union of Workers Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Neovia Logistics Services Australia Pty Ltd. 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2017. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Neovia Logistics Services Australia Pty Ltd recently sought approval for an enterprise agreement from the Fair Work Commission. The proposed agreement was between Neovia (Australia) Pty Ltd and the National Union of Workers. The dispute centred on whether the terms of the agreement complied with the requirements of the Fair Work Act 2009. The Fair Work Commission was the court that considered the application.

The legal issues before the Commission were whether the agreement provided for a fair and efficient workplace, whether it complied with the legislative requirements, and whether it was made in good faith. The Commission had to consider various provisions of the Fair Work Act, including those related to minimum entitlements, dispute resolution, and the good faith requirement. The primary concern was whether the agreement met the "better off overall test," which requires that employees be no worse off financially and at least as well off in all other respects.

The Fair Work Commission found that the agreement was fair and complied with the legislative requirements. It noted that the agreement provided for a comprehensive dispute resolution process, and that it contained provisions that were beneficial to employees, including improved leave entitlements and additional training opportunities. The Commission was satisfied that the agreement was made in good faith and that it met the better off overall test. The Commission approved the enterprise agreement, finding that it provided for a fair and efficient workplace and was in accordance with the Fair Work Act.

The Fair Work Commission approved the Neovia (Australia) Pty Ltd (Jaguar Land Rover Facility) and National Union of Workers Enterprise Agreement 2017. This decision sets a precedent for future enterprise agreements in the logistics and transport industry. It highlights the importance of providing for a comprehensive dispute resolution process and ensuring that employees are no worse off financially under the new agreement. The decision also reinforces the need for enterprise agreements to be made in good faith and to meet the better off overall test.

Neovia Logistics Services Australia 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