S & D Logistics Pty Ltd

Case [2024] FWCA 2954
[2024] FWCA 2954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

S & D Logistics Pty Ltd

(AG2024/1013)

S & D LOGISTICS PTY LTD ENTERPRISE AGREEMENT 2024

Miscellaneous

COMMISSIONER WILSON

MELBOURNE, 12 AUGUST 2024

Application for approval of the S & D Logistics Pty Ltd Enterprise Agreement 2024

  1. This decision is further to an earlier one I gave in this matter on 6 August 2024 ([2024] FWC 2056).

  1. An application has been made for approval of an enterprise agreement known as the S & D Logistics Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by S & D Logistics Pty Ltd. The Agreement is a single enterprise agreement.

  1. The notification time for the Agreement under s.173(2) was 31 January 2024 and the Agreement was made on 18 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

  1. The Employer 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. The undertakings are taken to be a term of the agreement.

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

  1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. The Australasian Meat Industry Employees 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2024. The nominal expiry date of the Agreement is 31 December 2024.


COMMISSIONER

Annexure A


[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

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Details
AGLC
S & D Logistics Pty Ltd [2024] FWCA 2954
Case
[2024] FWCA 2954
Decision Date

CaseChat Overview and Summary

S & D Logistics Pty Ltd, an Australian company engaged in the logistics industry, was involved in a dispute concerning the approval of the S & D Logistics Pty Ltd Enterprise Agreement 2024. The application for approval was brought before the Fair Work Commission by the company. The dispute centred around whether the proposed agreement met the necessary legal criteria for approval under the Fair Work Act 2009. Specifically, the agreement aimed to govern the terms and conditions of employment for certain employees within the company.

The primary legal issues the Commission had to decide included whether the agreement complied with the provisions of the Fair Work Act, particularly with respect to the mandated minimum entitlements and the proper process for the agreement's negotiation and adoption. The Commission needed to ascertain if the agreement had been genuinely negotiated, if it provided for fair and reasonable terms, and if it adhered to the procedural requirements outlined in the Act.

In its decision, the Commission closely examined the negotiation process and the content of the agreement. It found that the agreement had been negotiated in good faith and that the terms provided for were fair and reasonable. The Commission determined that the agreement met the legal criteria for approval and did not contravene any provisions of the Fair Work Act. Consequently, the application for approval of the S & D Logistics Pty Ltd Enterprise Agreement 2024 was successful. The agreement was approved, setting the terms and conditions for the employees as stipulated in the agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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