DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schenker Australia Pty Ltd T/A DB Schenker
(AG2017/6521)

SCHENKER AUSTRALIA PTY LTD QUEENSLAND LOGISTICS DISTRIBUTION CENTRES’ ENTERPRISE AGREEMENT 2017-2020

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 4 MAY 2018

Application for approval of the Schenker Australia Pty Ltd Queensland Logistics Distribution Centres' Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Schenker Australia Pty Ltd Queensland Logistics Distribution Centres’ Enterprise Agreement 2017-2020 (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 Applicant 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, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 May 2018. The nominal expiry date of the Agreement is 24 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Schenker Australia Pty Ltd, trading as DB Schenker, sought approval for the Queensland Logistics Distribution Centres' Enterprise Agreement 2017-2020. The Fair Work Commission (FWC) was the tribunal before which the application was made. The application for approval was made by the employer, and the application was opposed by the Australian Services Union (ASU). The nature of the dispute was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues the court was required to decide included whether the agreement provided for fair and reasonable terms and conditions, whether it was procedurally sound, and if the agreement met the criteria for being a good faith bargaining. The FWC examined the fairness of the proposed terms, the process through which the agreement was made, and whether both parties had genuinely attempted to negotiate in good faith.

In considering the application, the FWC found that the agreement provided for fair and reasonable terms and conditions, was procedurally sound, and met the criteria for good faith bargaining. The FWC noted that the agreement included provisions that addressed key issues such as wages, hours of work, leave, and dispute resolution. The FWC also found that the process leading to the agreement was fair, with both parties having an opportunity to negotiate and reach a consensus. The tribunal concluded that both parties had genuinely attempted to negotiate in good faith.

The FWC approved the application for the Queensland Logistics Distribution Centres' Enterprise Agreement 2017-2020, finding it met the necessary legal criteria. The agreement was set to be registered, thereby providing a framework for the terms and conditions of employment within the specified period.

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