Schenker Australia Pty Ltd T/A DB Schenker

[2024] FWCA 3658

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Schenker Australia Pty Ltd T/A DB Schenker

(AG2024/3592)

SCHENKER AUSTRALIA PTY LTD WESTERN AUSTRALIA LOGISTICS DISTRIBUTION CENTRES’ ENTERPRISE AGREEMENT 2024-2026

Industries not otherwise assigned
COMMISSIONER SCHNEIDER	PERTH, 21 OCTOBER 2024

Application for approval of the Schenker Australia Pty Ltd Western Australia Logistics Distribution Centres’ Enterprise Agreement 2024-2026

Schenker Australia Pty Ltd T/A DB Schenker (the Applicant) has made an application for the approval of an enterprise agreement known as the Schenker Australia Pty Ltd Western Australia Logistics Distribution Centres’ Enterprise Agreement 2024-2026 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 October 2024. The nominal expiry date of the Agreement is 30 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schenker Australia Pty Ltd T/A DB Schenker recently appeared before the Fair Work Commission to seek approval of their proposed Western Australia Logistics Distribution Centres’ Enterprise Agreement 2024-2026. The applicant sought to have the agreement registered with the Fair Work Commission under the Fair Work Act 2009. The dispute arose as the proposed agreement required approval under the Fair Work Act to ensure it complied with the legislative framework governing industrial relations in Australia.

The central legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act, specifically if it provided for fair and reasonable terms and conditions of employment, and if it was made in good faith. The Commission considered the process by which the agreement was negotiated, the coverage of the agreement, and the specific terms and conditions proposed within it. The applicant needed to demonstrate that the agreement had been negotiated in good faith, that it was fair and reasonable, and that it complied with all relevant provisions of the Fair Work Act.

In determining the application, the Commission examined the process of negotiation, the fairness of the terms and conditions, and the compliance of the agreement with the Fair Work Act. The applicant provided evidence of the negotiation process, including the involvement of employee representatives and the employer's engagement in discussions. The Commission also considered the terms and conditions of the agreement, including provisions related to wages, hours of work, leave entitlements, and other employment-related matters. After reviewing all the evidence and submissions, the Commission was satisfied that the agreement met the necessary criteria for approval. It was determined that the agreement was fair and reasonable, was made in good faith, and complied with all relevant provisions of the Fair Work Act.

The Fair Work Commission approved the proposed Western Australia Logistics Distribution Centres’ Enterprise Agreement 2024-2026, making it a legally binding agreement between the employer and the employees covered by the agreement. This decision ensures that the terms and conditions set out in the agreement are enforceable and that the employees are protected under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established