DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TIC (Reverse Logistics) Pty Ltd
(AG2017/5324)

TIC (REVERSE LOGISTICS) PTY LTD AND NATIONAL UNION OF WORKERS COMPREHENSIVE AGREEMENT 2017 - 2020

Storage services
COMMISSIONER GREGORY	MELBOURNE, 16 FEBRUARY 2018

Application for approval of the TIC (Reverse Logistics) Pty Ltd and National Union of Workers Comprehensive Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the TIC (Reverse Logistics) Pty Ltd and National Union of Workers Comprehensive 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 TIC (Reverse Logistics) Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

TIC (Reverse Logistics) Pty Ltd, along with the National Union of Workers, applied for the approval of their comprehensive agreement under the Fair Work Act 2009. The application was made to the Fair Work Commission, which had jurisdiction to consider the matter. The agreement in question was for the period 2017 to 2020 and aimed to establish the terms and conditions of employment for the workers in the reverse logistics sector. The Commission was tasked with ensuring that the agreement met the legislative requirements and served the interests of the employees and the employer.

The primary legal issues the Commission had to address were whether the agreement complied with the provisions of the Fair Work Act and whether it provided fair and reasonable terms for the employees. This involved examining the contents of the agreement against the statutory requirements and ensuring that it adhered to the principles of good faith bargaining and did not undermine the rights of employees. The Commission also needed to consider whether the agreement was consistent with the broader objectives of the Fair Work Act, including promoting high standards of pay and conditions.

In its decision, the Fair Work Commission thoroughly reviewed the proposed agreement, assessing each clause against the statutory framework. The Commission found that the agreement contained terms that were fair and reasonable, promoting the best interests of the employees and ensuring a balanced approach between the rights of the employer and the workers. The Commission noted that the agreement provided for appropriate pay rates, leave entitlements, and other conditions that were in line with industry standards and the legislative requirements. Consequently, the Commission approved the agreement, recognising its compliance with the necessary legal standards and its potential to foster a harmonious workplace environment.

As a result of the Commission's approval, the comprehensive agreement between TIC (Reverse Logistics) Pty Ltd and the National Union of Workers was formally approved, effective from the specified period of 2017 to 2020. This decision provided certainty and clarity to both the employer and the employees, ensuring that the terms of employment were legally sound and fair. The Commission's ruling reinforced the importance of adhering to the legislative framework when negotiating and finalising employment agreements.

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