Schenker Australia Pty Limited

[2014] FWCA 6133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schenker Australia Pty Limited
(AG2014/8752)

SCHENKER AUSTRALIA PTY LIMITED NEW SOUTH WALES FREIGHT FORWARDING WAREHOUSE ENTERPRISE AGREEMENT 2014-2017

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 4 SEPTEMBER 2014

Application for approval of the Schenker Australia Pty Limited New South Wales Freight Forwarding Warehouse Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Schenker Australia Pty Limited New South Wales Freight Forwarding Warehouse Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Schenker Australia Pty Limited. The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] The Agreement contains a consultation term at clause 8. However, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

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

[5] The Transport Workers’ Union of Australia - NSW Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2014. The nominal expiry date of the Agreement is 10 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Schenker Australia Pty Limited and their application for the approval of the New South Wales Freight Forwarding Warehouse Enterprise Agreement 2014-2017. The application was heard by the Fair Work Commission. The dispute centred around whether the proposed agreement met the necessary standards under the Fair Work Act 2009, specifically whether it provided minimum terms and conditions of employment for the warehouse employees of Schenker Australia. The main legal issue was whether the agreement complied with the requirements of the Fair Work Act, including the provision of minimum rates of pay, maximum standard and overtime hours, and the inclusion of provisions for shift work and penalties for unauthorised absences.

The Commission evaluated the proposed agreement against the minimum standards set by the Fair Work Act. The Commission confirmed that the agreement provided for minimum rates of pay, maximum standard and overtime hours, and the inclusion of provisions for shift work and penalties for unauthorised absences. The agreement also included provisions for other matters such as redundancy and termination of employment, which were not mandatory under the Fair Work Act but were necessary to provide a comprehensive and fair agreement. The Commission found that the agreement was consistent with the objectives of the Fair Work Act and approved the agreement, noting that it provided a fair and reasonable outcome for both the employer and employees.

The Fair Work Commission approved the New South Wales Freight Forwarding Warehouse Enterprise Agreement 2014-2017, finding that it met the necessary standards under the Fair Work Act. The Commission noted that the agreement provided for minimum rates of pay, maximum standard and overtime hours, and the inclusion of provisions for shift work and penalties for unauthorised absences. The Commission also found that the agreement provided a fair and reasonable outcome for both the employer and employees, and approved the agreement accordingly. The final orders included the approval of the agreement and its registration with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established