DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schenker Australia Pty Ltd T/A DB Schenker
(AG2017/2707)

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

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 SEPTEMBER 2017

Application for approval of the Schenker Australia Pty Ltd Western Australia 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 Western Australia 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2017. The nominal expiry date of the Agreement is 1 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Schenker Australia Pty Ltd, trading as DB Schenker, and the Australian Services Union. The dispute was regarding the approval of the Schenker Australia Pty Ltd Western Australia Logistics Distribution Centres’ Enterprise Agreement 2017-2020. The Fair Work Commission heard the matter.

The central legal issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a "single-enterprise agreement" and whether it contained all the mandated terms and conditions. Furthermore, the court had to consider if the agreement was fairly negotiated and met the requirements for being a "modern award."

The Commission found that the enterprise agreement met the necessary criteria. The agreement was a single-enterprise agreement, covering all employees in the specified logistics distribution centres in Western Australia. The court confirmed that the agreement contained all the mandated terms and conditions and was fairly negotiated. The agreement also met the requirements for being a modern award. The Commission was satisfied that the agreement complied with the Fair Work Act and approved it.

The Fair Work Commission approved the enterprise agreement, finding it compliant with the Fair Work Act 2009. The Commission's decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would govern their working relationship 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