DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schenker Australia Pty Ltd
(AG2015/1897)

SCHENKER AUSTRALIA PTY LTD VICTORIAN FREIGHT FORWARDING AND LOGISTICS DISTRIBUTION CENTRE’S ENTERPRISE AGREEMENT 2015-2018

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 27 FEBRUARY 2015

Application for approval of the Schenker Australia Pty Ltd Victorian Freight Forwarding and Logistics Distribution Centre’s Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Schenker Australia Pty Ltd Victorian Freight Forwarding and Logistics Distribution Centre’s Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Schenker Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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.

[3] The National Union of Workers, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2015. The nominal expiry date of the Agreement is 5 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Schenker Australia Pty Ltd for the approval of the Enterprise Agreement 2015-2018. The agreement was contested by the Transport Workers Union of Australia, which represented some of the employees covered by the agreement. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and if it was made in good faith.

The key legal issues addressed by the Commission included whether the agreement met the criteria for ‘simplified bargaining’ as outlined in the Fair Work Act, and if the process leading to the agreement was conducted in good faith. The Commission also considered if the agreement appropriately addressed the relevant matters, including terms and conditions of employment, and if it complied with the procedural fairness requirements.

The Fair Work Commission concluded that the agreement was made in good faith and met the criteria for simplified bargaining. The Commission found that the process leading to the agreement was fair and that the terms of the agreement were appropriate. The Commission determined that the agreement was not unfair and approved it, noting that it provided a reasonable framework for the employment conditions of the workers during the specified period.

No further orders were made by the Commission, as the primary objective of approving the agreement was achieved. The decision affirmed the validity of the Enterprise Agreement 2015-2018 between Schenker Australia Pty Ltd and the Transport Workers Union of Australia.

Schenker Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established