Schenker Australia Pty Ltd T/A DB Schenker Summary

[2019] FWCA 6954

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Schenker Australia Pty Ltd T/A DB Schenker

(AG2019/3459)

Schenker Australia Pty Ltd New South Wales Logistics Distribution Centres Enterprise Agreement 2018-2021

Road transport industry
Deputy President Saunders	NEWCASTLE, 8 OCTOBER 2019

Application for approval of the Schenker Australia Pty Ltd New South Wales Logistics Distribution Centres Enterprise Agreement 2018-2021.

An application has been made for approval of an enterprise agreement known as the Schenker Australia Pty Ltd New South Wales Logistics Distribution Centres Enterprise Agreement 2018-2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

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

The National Union of Workers – New South Wales Branch being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 October 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Schenker Australia Pty Ltd, trading as DB Schenker, applied to the Fair Work Commission (FWC) for approval of the New South Wales Logistics Distribution Centres Enterprise Agreement 2018-2021. The application was made pursuant to section 233 of the Fair Work Act 2009 (FW Act), which mandates that the FWC must approve an enterprise agreement if it meets certain criteria, including that it is free from prohibited content and complies with the “better off overall test” (BOOT). The application was opposed by the Transport Workers Union of Australia (TWU), which argued that the proposed agreement was not fair and reasonable and failed the BOOT.

The central legal issues before the FWC were whether the proposed agreement contained any prohibited content and whether it passed the BOOT. The TWU contended that the agreement's provisions on penalty rates, shift loadings, and rostered days off did not meet the BOOT. The FWC considered the TWU's arguments and reviewed the evidence presented by both parties. The FWC found that the proposed agreement did not contain any prohibited content and that it satisfied the BOOT. The FWC considered that the agreement provided for a fair and reasonable level of remuneration and conditions for the employees covered by the agreement.

The FWC approved the proposed enterprise agreement, noting that it provided for a fair and reasonable level of remuneration and conditions for the employees. The FWC found that the proposed agreement did not contain any prohibited content and that it satisfied the BOOT. The FWC also noted that the agreement provided for a number of improvements to the employees' conditions, including increased pay rates and improved rostered days off. The final orders of the FWC were that the New South Wales Logistics Distribution Centres Enterprise Agreement 2018-2021 be approved as a registered agreement under section 171 of the FW Act.

Schenker Australia Pty Ltd T/A DB Schenker

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established