DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Neovia Logistics Services Australia Pty Ltd
(AG2015/5905)

NEOVIA (AUSTRALIA) PTY LTD (JAGUAR LAND ROVER FACILITY) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 21 OCTOBER 2015

Application for approval of the Neovia (Australia) Pty Ltd (Jaguar Land Rover Facility) and National Union of Workers Enterprise Agreement 2015.

[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 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[4] The Agreement was approved on 21 October 2015 and, in accordance with s.54, will operate from 28 October 2015. The nominal expiry date of the Agreement is 30 November 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Neovia Logistics Services Australia Pty Ltd, along with the National Union of Workers, applied to the Fair Work Commission for the approval of their 2015 Enterprise Agreement. The dispute arose due to disagreements over certain terms and conditions within the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the Enterprise Agreement contained all the mandatory terms required by the Fair Work Act, and if the agreement had been fairly negotiated. Additionally, the Commission had to assess whether the agreement complied with the 'better off overall test', ensuring that employees were not disadvantaged by the terms of the agreement.

The Fair Work Commission found that the agreement did include all the mandatory terms and had been fairly negotiated. The Commission was satisfied that the agreement met the 'better off overall test', as the employees would be better off with the proposed terms compared to their previous conditions. Consequently, the Commission approved the Enterprise Agreement, recognising it as a fair and reasonable basis for employment conditions.

As a result of the Commission's decision, the Neovia (Australia) Pty Ltd (Jaguar Land Rover Facility) and National Union of Workers Enterprise Agreement 2015 was approved and registered. The agreement now serves as the basis for employment terms and conditions between the employer and the union, providing a framework for the relationship between the parties going forward.

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