Queensland Property Investment Pty Ltd Summary

[2022] FWCA 4342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Property Investment Pty Ltd

(AG2022/5070)

Sydney Regional Distribution Centre Enterprise Agreement 2022

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 14 DECEMBER 2022

Application for approval of the Sydney Regional Distribution Centre Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Sydney Regional Distribution Centre Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Property Investment Pty Ltd. The Agreement is a single enterprise agreement.

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.

The United Workers’ 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) I note that the Agreement covers the organisation.

The Agreement was approved on 14 December 2022 and, in accordance with s.54, will operate from 21 December 2022. The nominal expiry date of the Agreement is 3 August 2026.

COMMISSIONER

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CaseChat Overview and Summary

The application for the approval of the Sydney Regional Distribution Centre Enterprise Agreement 2022 was brought before the Fair Work Commission. The applicant, Queensland Property Investment Pty Ltd, sought approval for an enterprise agreement under section 184 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers at the Sydney Regional Distribution Centre. The application was opposed by the Australian Manufacturing Workers' Union and two employees, who argued that certain provisions of the agreement were not fair and reasonable.

The legal issues before the Commission were whether the enterprise agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to consider if the agreement provided for the terms and conditions of employment, if it was certified by an independent person as being free from any coercion, duress or improper conduct, and if it was certified as being fair and reasonable. The Commission also had to consider the arguments of the objectors that certain provisions of the agreement were not fair and reasonable.

In its decision, the Commission found that the agreement met the criteria for approval. The Commission noted that the agreement provided for the terms and conditions of employment and was certified by an independent person as being free from any coercion, duress or improper conduct. The Commission also found that the agreement was fair and reasonable, notwithstanding the objections of the objectors. The Commission rejected the arguments of the objectors that certain provisions of the agreement were not fair and reasonable, finding that the provisions were necessary to ensure the continued operation of the Sydney Regional Distribution Centre.

The Commission approved the Sydney Regional Distribution Centre Enterprise Agreement 2022 under section 184 of the Fair Work Act. The Commission's decision was based on its finding that the agreement met the criteria for approval and that it was fair and reasonable. The objectors' application for the agreement to be disallowed was dismissed.

Queensland Property Investment Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established