DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schenker Australia Pty Ltd T/A DB Schenker
(AG2018/3901)

SCHENKER AUSTRALIA PTY LTD VICTORIAN FREIGHT FORWARDING AND LOGISTICS DISTRIBUTION CENTRES’ ENTERPRISE AGREEMENT 2018-2021

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 DECEMBER 2018

Application for approval of the Schenker Australia Pty Ltd Victorian Freight Forwarding and Logistics Distribution Centres' Enterprise Agreement 2018-2021.

[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 Centres’ Enterprise Agreement 2018-2021 (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 agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 December 2018 and, in accordance with s.54, will operate from 24 December 2018. The nominal expiry date of the Agreement is 28 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Schenker Australia Pty Ltd T/A DB Schenker recently brought an application before the Fair Work Commission concerning the approval of an enterprise agreement. The dispute involved the terms and conditions of employment for workers at Schenker's Victorian freight forwarding and logistics distribution centres. The application was heard by the Commission, which had the authority to approve, reject or seek modifications to the proposed agreement.

The legal issues central to this case revolved around the compliance of the proposed enterprise agreement with the relevant legislative framework. Specifically, the Commission needed to determine if the agreement met the statutory requirements under the Fair Work Act 2009, including whether it was fairly and properly negotiated and if it contained appropriate terms and conditions of employment. The Commission also had to consider the fairness of the proposed agreement, including its impact on employees and the broader workforce.

In assessing the application, the Commission considered various factors, including the negotiation process, the representation of the parties involved, and the content of the proposed agreement. The Commission found that the enterprise agreement was fairly and properly negotiated and contained terms and conditions that were fair and reasonable. The Commission also considered the impact of the agreement on employees and the broader workforce and concluded that the agreement was in the best interests of the employees and the industry. As a result, the Commission approved the Schenker Australia Pty Ltd Victorian Freight Forwarding and Logistics Distribution Centres' Enterprise Agreement 2018-2021.

The Commission's decision highlights the importance of ensuring that enterprise agreements are negotiated fairly and properly and contain appropriate terms and conditions of employment. The Commission's approval of the proposed agreement also demonstrates the importance of considering the impact of the agreement on employees and the broader workforce.

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