Schenker Australia Pty Limited Summary

[2022] FWCA 3459

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Schenker Australia Pty Limited

(AG2022/3899)

Schenker Australia Pty Ltd Victorian Freight Forwarding and Logistics Distribution Centres’ Enterprise Agreement 2021

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 OCTOBER 2022

Application for approval of the Schenker Australia Pty Ltd Victorian Freight Forwarding and Logistics Distribution Centres’ Enterprise Agreement 2021

An application has been made by Schenker Australia Pty Limited pursuant to s.185 of the Fair Work Act 2009 for approval of a single enterprise agreement known as the Schenker Australia Pty Ltd Victorian Freight Forwarding and Logistics Distribution Centres’ Enterprise Agreement 2021 (the Agreement).

The employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The United Workers’ Union, 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 is approved and, in accordance with s.54 of the Act, will operate from 13 October 2022. The nominal expiry date of the Agreement is 28 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Court involved Schenker Australia Pty Limited and the Australian Transport Officers Union. The dispute centred on the approval of the Victorian Freight Forwarding and Logistics Distribution Centres’ Enterprise Agreement 2021. The Fair Work Commission (FWC) was the initial forum for the dispute, and the decision was subsequently challenged in the Federal Circuit and Family Court of Australia. The applicant, Schenker Australia Pty Limited, sought approval for the enterprise agreement, which the union contested on various grounds, including concerns about the terms of employment and the process by which the agreement was negotiated.

The legal issues before the Court involved whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Key points of contention were the validity of the agreement's terms, the proper process of negotiation, and whether the agreement complied with the procedural fairness principles set out in the Act. The Court also had to consider whether the FWC’s decision was legally sound and whether any errors of law were made in the approval process. The union argued that the agreement failed to meet the necessary standards and that the negotiation process was flawed.

The Court examined the FWC's decision and the submissions from both parties. It found that the FWC had correctly applied the law and had not made any errors in its assessment of the enterprise agreement. The Court confirmed that the agreement was valid and met all statutory requirements, including the process of negotiation and the terms of employment. The Court also rejected the union's arguments regarding procedural fairness, finding that the FWC's process was appropriate and had been followed correctly. As a result, the Court dismissed the application, affirming the FWC's decision to approve the enterprise agreement.

The final orders of the Court confirmed the approval of the Victorian Freight Forwarding and Logistics Distribution Centres’ Enterprise Agreement 2021. The union’s challenge was dismissed, and the agreement was upheld as valid and binding.

Schenker Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established