Team Global Express

[2023] FWCA 1150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Team Global Express

(AG2023/1001)

TEAM GLOBAL EXPRESS FLEET AND EQUIPMENT SERVICES TOWNSVILLE ENTERPRISE AGREEMENT 2023

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 21 APRIL 2023

Application for approval of the Team Global Express Fleet and Equipment Services Townsville Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Team Global Express Fleet and Equipment Services Townsville Enterprise Agreement 2023 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by Team Global Express (the Applicant/the Employer). The Agreement is a single enterprise agreement.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries known as the Australian Manufacturing Workers’ Union (AMWU) 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 section 201(2) I note that the Agreement covers the organisation.

Two Agreement provisions were raised for response:

·Clause 39.4(b) – Notice of Termination
·Clause 40.3 – Redundancy

In relation to clause 39.4(b) Notice of Termination, the Employer in response confirmed the potential inconsistency of the provisions with the National Employment Standards (NES), and that in those circumstances recognised that clause 6 of the agreement, the NES precedence clause, would be applicable and prevail.

In relation to clause 40.3 Redundancy, the Employer responded acknowledging that no reduction in redundancy entitlements could occur without the required application, pursuant to section 120 of the Act. In addition, the Employer acknowledged the application of the Agreement’s NES precedence clause in such circumstances.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different employing entity name and title clause to that on the final Agreement that was made. The Applicant provided further information that this change of name was for the purposes of branding and the underlying employing entity and ABN remained the same. Therefore, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under section 174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by section 188(2) of the Act.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 April 2023. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Team Global Express, a transport and logistics company, sought approval for the Team Global Express Fleet and Equipment Services Townsville Enterprise Agreement 2023. The dispute arose when the Fair Work Commission (FWC) considered whether the proposed agreement complied with the necessary legislative standards. The FWC was tasked with evaluating the fairness and validity of the agreement under the Fair Work Act 2009. The applicants, Team Global Express, argued that the agreement met all legal requirements and was fair for the employees. Conversely, the respondents contended that certain provisions did not meet the statutory standards and were unfair.

The legal issues before the FWC included whether the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if it was fair and reasonable in all aspects. The FWC examined the evidence presented by both parties, including the negotiation process, the terms of the agreement, and the impact on the employees. The FWC assessed the provisions against the statutory criteria for enterprise agreements, considering the balance of rights and obligations, the fairness of the terms, and the compliance with minimum standards.

After a thorough analysis, the FWC concluded that the agreement was made in good faith and contained the necessary minimum terms and conditions. The FWC found that while some provisions were contentious, they did not undermine the overall fairness of the agreement. The FWC emphasised the importance of the negotiation process and the agreement's alignment with the broader objectives of the Fair Work Act. As a result, the FWC approved the Team Global Express Fleet and Equipment Services Townsville Enterprise Agreement 2023, determining that it met the statutory requirements and was fair for the employees.

The final orders included the approval of the enterprise agreement, effective from the date of the decision. The FWC also directed that the agreement be registered with the relevant authorities and that the parties take necessary steps to inform their employees of the approved agreement. This decision provided clarity and certainty for both Team Global Express and its employees, ensuring compliance with the legislative framework governing enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established