DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TIC (Reverse Logistics) Pty Ltd
(AG2020/1963)

TIC (REVERSE LOGISTICS) PTY LTD AND UNITED WORKERS UNION COMPREHENSIVE AGREEMENT 2020 - 2021

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JULY 2020

Application for approval of the TIC (Reverse Logistics) Pty Ltd and United Workers Union Comprehensive Agreement 2020 - 2021

[1] TIC (Reverse Logistics) Pty Ltd has made an application for approval of an enterprise agreement known as the TIC (Reverse Logistics) Pty Ltd and United Workers Union Comprehensive Agreement 2020 - 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as is relevant to this application for approval has been met.

[3] The United Workers’ Union, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 30 July 2020 and, in accordance with s 54, will operate from 6 August 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

TIC (Reverse Logistics) Pty Ltd, along with the United Workers Union, sought approval of their 2020-2021 enterprise agreement from the Fair Work Commission. The dispute involved the interpretation and validity of certain clauses within the agreement, particularly those relating to pay rates and conditions for employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards and was in the best interests of the employees.

The legal issues at the heart of the case centred around the interpretation of the Fair Work Act 2009, specifically sections that deal with the approval of enterprise agreements. The Commission had to assess whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and whether it provided for the proper operation of businesses and the fair treatment of employees. The Commission also had to ensure that the agreement did not undermine the safety net of minimum wages and conditions provided by the Fair Work Act.

In its decision, the Fair Work Commission found that the 2020-2021 enterprise agreement met all the necessary criteria for approval. The Commission noted that the agreement had been made in good faith and provided for the proper operation of TIC (Reverse Logistics) Pty Ltd. The terms of the agreement were deemed to be fair and reasonable, providing for the proper treatment of employees while also accommodating the operational needs of the company. The Commission concluded that the agreement did not undermine the safety net of minimum wages and conditions and was in the best interests of the employees.

As a result, the Fair Work Commission approved the 2020-2021 enterprise agreement between TIC (Reverse Logistics) Pty Ltd and the United Workers Union. The approval ensures that the terms of the agreement will be binding on both parties and will govern the employment conditions of the employees for the duration of the agreement.

TIC (Reverse Logistics) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established