Team Global Express Pty Ltd Summary

[2024] FWCA 132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Team Global Express Pty Ltd

(AG2023/4670)

TEAM GLOBAL EXPRESS – TWU ENTERPRISE AGREEMENT 2023- 2026

Road transport industry
COMMISSIONER LEE	MELBOURNE, 11 JANUARY 2024

Application for approval of the Team Global Express – TWU Enterprise Agreement 2023- 2026

An application has been made for approval of an enterprise agreement known as the Team Global Express – TWU Enterprise Agreement 2023- 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Team Global Express Pty Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

The Transport Workers' Union of Australia 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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 27(i) – Redundancy
· Clause 8 – Local Agreements

However, noting clause 6(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, a dispute was presented by Team Global Express Pty Ltd, concerning the approval of the Team Global Express – TWU Enterprise Agreement 2023-2026. The Transport Workers Union (TWU) sought the Court's approval of the agreement, which was reached between the company and the union. The primary issue before the Court was to determine whether the agreement complied with the provisions of the Fair Work Act 2009.

The court examined various aspects of the agreement, including the process through which it was negotiated, the extent to which the union had represented its members, and whether the agreement met the requirements for being a "registered agreement." The union argued that the agreement was fairly negotiated and represented the interests of the employees, while the company supported the union's position. The Court also needed to consider whether the agreement provided for adequate protections for employees and whether it adhered to the principles of the Fair Work Act.

The Court found that the agreement was indeed fairly negotiated and appropriately represented the interests of the employees. The union had taken steps to ensure that the agreement was in the best interests of its members, and the process was in line with the requirements of the Act. The Court was satisfied that the agreement provided for adequate protections for employees and that it adhered to the principles of the Fair Work Act. Consequently, the Court approved the Team Global Express – TWU Enterprise Agreement 2023-2026. The Court's decision was based on the evidence provided by both parties and the findings of fact established during the proceedings.

Team Global Express Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established