Neovia Logistics Services Australia Pty Ltd

[2016] FWCA 1810

[2016] FWCA 1810

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Neovia Logistics Services Australia Pty Ltd
(AG2016/2454)
NEOVIA LOGISTICS SERVICES AUSTRALIA PTY LTD -
ENTERPRISE AGREEMENT 2016
Storage services
COMMISSIONER ROE	SYDNEY, 22 MARCH 2016

Application for approval of the Neovia Logistics Services Australia Pty Ltd - Enterprise

Agreement 2016.

[1]        An application has been made for approval of an enterprise agreement known as the

Neovia Logistics Services Australia Pty Ltd – Enterprise Agreement 2016 (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. 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 “Automotive, Food, Metals, Engineering, Printed and Kindred Industries Union”

(AMWU) 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.
[2016] FWCA 1810

[5]        The Agreement was approved on 22 March 2016 and, in accordance with s.54, will

operate from 29 March 2016. The nominal expiry date of the Agreement is 30 September

2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE418322 PR578252>

[2016] FWCA 1810

ANNEXURE A

Neovia Logistics Services Australia Pty Ltd

130-138 Link Road

Melbourne Airport, Vic. 3045

T +61 3

8340-3702

neovialogisti

cs.com

Friday 18th March 2016

Commissioner J

Roe Fair Work

Commission Level

4, 11 Exhibition St,

Melbourne Vic

3000

Re: 2016/2454 Application for approval of the Neovia Logistics Services Australia Pty Ltd Enterprise

Agreement

Dear Commissioner Roe,

I refer to the correspondence received on 17/3/16 delivered via email with reference to the application

for the approval of an enterprise bargaining agreement.

Neovia Logistics Services Australia hereby undertake that;

1. clause 29.3(b) of the agreement will not be implemented in a manner that is inconsistent

with legislative requirements;

2. that apprentices will be entitled to notice of termination or payment in lieu as per the

National Employment Standards and that casual employees will be entitled to compassionate

leave

The respective bargaining representative (AMWU, Vehicle Division) has been notified and their

agreement is confirmed with the respective undertakings contained in the this letter.

Signed on behalf of Neovia Logistics Services Australia

Pty Ltd, Name of authorised representative: Mark Lipkin

Signature of authorised representative:

Position: National HR Manager

Address: 130-138 Link Road , Melbourne Airport, Vic. 3045