Owen Leslie Ihlein T/A Plantforce Summary

[2023] FWCA 1795

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Owen Leslie Ihlein T/A Plantforce

(AG2023/1803)

TRIUMPH LNTERNATIONAL (AUSTRALIA) PTY LTD WAREHOUSE STORAGE AND DISTRIBUTION ENTERPRISE AGREEMENT 2022

Storage services
COMMISSIONER MIRABELLA	MELBOURNE, 26 JUNE 2023

Application for approval of the Triumph International (Australia) Pty Ltd Warehouse Storage and Distribution Enterprise Agreement 2022.

Owen Leslie Ihlein T/A Plantforce has made an application for approval of an enterprise agreement known as the Triumph International (Australia) Pty Ltd Warehouse Storage and Distribution Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

I observe that clause 25.6 of the Agreement is likely to be inconsistent with the National Employment Standards (the NES). However, noting clause 7.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry, Maritime, Mining and Energy Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 26 June 2023 and, in accordance with s.54, will operate from 3 July 2023. The nominal expiry date of the Agreement is 3 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Owen Leslie Ihlein, trading as Plantforce, for the approval of the Triumph International (Australia) Pty Ltd Warehouse Storage and Distribution Enterprise Agreement 2022. The application was brought under the Fair Work Act 2009, seeking to establish a legally binding enterprise agreement that would govern the employment terms and conditions of workers within the warehouse storage and distribution sector. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including that it provided for the terms and conditions of employment and was appropriately certified.

The primary legal issues the Commission had to address were whether the agreement was fairly negotiated and if it contained all the mandated terms and conditions. The Commission needed to consider whether the agreement was certified correctly by an independent person and if it complied with the provisions of the Fair Work Act. Specifically, the Commission had to ensure that the agreement provided for matters including wages, classification of employees, and other relevant employment terms, and that it had been fairly and appropriately negotiated.

The Commission examined the evidence and submissions provided by both parties, focusing on the negotiation process and the content of the agreement. The Commission found that the agreement had been fairly negotiated and that it contained all the mandated terms and conditions. The agreement was certified correctly by an independent person, and the Commission determined that it met the requirements of the Fair Work Act. Consequently, the Commission approved the agreement, finding that it was in the best interests of the employees covered by the agreement and that it would provide for a fair and efficient workplace.

The Fair Work Commission approved the Triumph International (Australia) Pty Ltd Warehouse Storage and Distribution Enterprise Agreement 2022. This decision ensures that the terms and conditions of employment for workers in the warehouse storage and distribution sector are governed by a legally binding agreement that has been fairly negotiated and certified. The approval of this agreement will provide stability and clarity for both employers and employees in this sector.

Owen Leslie Ihlein T/A Plantforce

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established