DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Schenker Australia Pty Limited
(AG2016/769)

SCHENKER AUSTRALIA PTY LTD QUEENSLAND CUSTOMER FULFILMENT CENTRE ENTERPRISE AGREEMENT 2015-2019

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 19 APRIL 2016

Application for approval of the Schenker Australia Pty Ltd Queensland Customer Fulfilment Centre Enterprise Agreement 2015 -2019.

[1] An application has been made for approval of an enterprise agreement known as the Schenker Australia Pty Ltd Queensland Customer Fulfilment Centre Enterprise Agreement 2015 -2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Schenker Australia Pty Limited. The Agreement is a single-enterprise agreement.

[2] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers this organisation.

[3] Written undertakings, relating to pay rates, have been provided by the employer and are attached to the Agreement. The NUW has no objection to the undertaking. In accordance with s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 26 April 2016. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Schenker Australia Pty Limited for the approval of an enterprise agreement, the Queensland Customer Fulfilment Centre Enterprise Agreement 2015-2019. The application was made to the Fair Work Commission (FWC), which is responsible for approving such agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including whether it provided for the proper protection of employees' interests and whether it was free from any unfair provisions.

The central legal issues that the FWC had to resolve were whether the enterprise agreement was fairly and properly negotiated, whether it contained provisions that were contrary to public policy, and whether it unfairly disadvantaged any group of employees. Additionally, the FWC needed to consider whether the agreement complied with all relevant legislative provisions and whether it appropriately addressed the terms and conditions of employment for the employees covered by the agreement.

In reaching its decision, the FWC carefully examined the negotiation process and the content of the agreement. The FWC noted that the agreement was the result of negotiations between the employer and the union representing the employees. The Commission found that the negotiation process was conducted in good faith and that the union had provided adequate representation. The FWC also concluded that the agreement contained provisions that were not contrary to public policy and did not unfairly disadvantage any group of employees. Furthermore, the FWC determined that the agreement complied with all relevant legislative requirements and provided for the proper protection of employees' interests. Based on these findings, the FWC approved the enterprise agreement.

The FWC's final order was the approval of the Queensland Customer Fulfilment Centre Enterprise Agreement 2015-2019, confirming that it met all the necessary legal criteria for approval under the Fair Work Act 2009.

Schenker Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established