DECISION

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

Schenker Australia Pty Ltd T/A DB Schenker
(AG2021/4135)

SCHENKER AUSTRALIA PTY LTD QUEENSLAND CUSTOMER FULFILMENT CENTRE ENTERPRISE AGREEMENT

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 30 MARCH 2021

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

[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 (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 Ltd T/A DB Schenker (the Applicant). 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 are relevant to this application for approval have 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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2021. The nominal expiry date of the Agreement is 1 September 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Schenker Australia Pty Ltd trading as DB Schenker, the Fair Work Commission was called upon to determine the approval of a proposed enterprise agreement. The agreement in question was submitted for consideration under the Fair Work Act 2009, aiming to establish terms and conditions of employment for employees of Schenker Australia’s Queensland Customer Fulfilment Centre. The application was brought forth by the employer, and the Australian Council of Trade Unions was a party intervener, expressing concerns about certain provisions within the agreement.

The central legal issues before the Commission involved assessing whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to examine if the agreement provided for minimum terms and conditions as stipulated by the Act, and if it allowed for proper employee representation and consultation. The intervener raised objections regarding several clauses, arguing they did not adequately protect employee interests and were contrary to the spirit of the Act.

The Commission meticulously reviewed the proposed agreement, scrutinising each clause to ensure compliance with the legislative framework. It considered the balance between the employer’s operational needs and the employees' rights to fair and equitable treatment. The Commission found that, while the majority of the agreement adhered to the statutory requirements, certain clauses did require amendment to better safeguard employees' interests. After adjustments to those contentious clauses, the Commission was satisfied that the agreement met the necessary criteria for approval. The modified agreement was subsequently approved, providing a fair framework for employment terms while accommodating the employer's business objectives.

The Fair Work Commission’s final orders included the approval of the enterprise agreement with the stipulated modifications. These modifications ensured that the agreement would comply with the Fair Work Act, providing adequate protections for the employees while allowing the employer to operate effectively.

Schenker Australia Pty Ltd T/A DB Schenker

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established