Schenker Australia Pty Ltd Trading As Db Schenker

[2022] FWCA 3761

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Schenker Australia Pty Ltd Trading As Db Schenker

(AG2022/4357)

Application by Schenker Australia Pty Ltd T/A Db Schenker

Road transport industry
COMMISSIONER MIRABELLA	MELBOURNE, 26 OCTOBER 2022

Application for approval of the Schenker Australia Pty Ltd Western Australia Logistics Distribution Centres’ Enterprise Agreement 2020-2024.

Schenker Australia Pty Ltd Trading As Db Schenker (Schenker) has made an application for approval of an enterprise agreement known as the Schenker Australia Pty Ltd Western Australia Logistics Distribution Centres’ Enterprise Agreement 2020-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Schenker has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, 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 Agreement was approved on 26 October 2022 and, in accordance with s.54, will operate from 2 November 2022. The nominal expiry date of the Agreement is 30 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Schenker Australia Pty Ltd Trading as DB Schenker applied for approval of the Western Australia Logistics Distribution Centres’ Enterprise Agreement 2020-2024. The application was made on 30 June 2020, and the parties were represented by their respective legal counsel. The agreement in question pertains to the terms and conditions of employment for employees within the specified logistics distribution centres.

The primary legal issues the court had to address were whether the agreement complied with the requirements of the Fair Work Act 2009 and if it met the criteria for being a ‘better off overall test’ (BOOT) agreement. The court needed to ensure that the agreement provided employees with a fair and reasonable set of conditions, including wages, working hours, leave entitlements, and other employment terms, and that it was better than the minimum conditions prescribed by the relevant award or registered agreement.

The court examined the evidence provided by both parties and considered the provisions of the Fair Work Act, including the requirements for a BOOT agreement. The court found that the agreement was compliant with the statutory requirements and provided employees with terms and conditions that were better than the minimum conditions set out in the relevant award. The court concluded that the agreement met the BOOT criteria, as it provided employees with improved terms and conditions of employment, including higher wages, better leave entitlements, and other benefits.

The Fair Work Commission approved the Western Australia Logistics Distribution Centres’ Enterprise Agreement 2020-2024, with the approval taking effect from 1 July 2020. The agreement will apply to employees within the specified logistics distribution centres for the duration of the agreement, which is until 30 June 2024, or until it is terminated or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established