DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Townsville Logistics Pty Ltd T/A Townsville Logistics
(AG2017/3195)

TOWNSVILLE LOGISTICS PTY LTD ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 2 NOVEMBER 2017

Application for approval of the Townsville Logistics Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Townsville Logistics Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Townsville Logistics Pty Ltd T/A Townsville Logistics. 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] The Applicant sought that the wage rates be kept confidential between the parties. Pursuant to s.594(1) of the Act, I order that the wage rates be kept confidential between the parties.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2017. The nominal expiry date of the Agreement is 9 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Townsville Logistics Pty Ltd, trading as Townsville Logistics, brought an application before the Fair Work Commission seeking approval of the Townsville Logistics Pty Ltd Enterprise Agreement 2017. The applicant sought to have the agreement, which had been made between Townsville Logistics and the unions representing its employees, formally approved and registered under the Fair Work Act 2009. The unions involved were the Transport Workers Union of Australia and the Maritime Union of Australia. The dispute centred around the provisions of the agreement concerning employee entitlements, working conditions, and dispute resolution mechanisms.

The primary legal issue before the Commission was whether the agreement met the requirements set out in the Fair Work Act for it to be approved and registered. This included determining if the agreement had been made in good faith and without coercion, if it complied with the "better off overall test" which ensures that employees are not worse off financially under the new agreement, and if the agreement contained the mandated minimum terms and conditions as specified by the Act. The Commission also had to consider submissions from both the applicant and the unions regarding the fairness and reasonableness of the agreement's provisions.

In delivering its decision, the Commission examined the evidence and submissions provided by both parties. The Commission found that the agreement had been made in good faith and without any element of coercion. It determined that the agreement met the better off overall test, as employees under the new agreement were not worse off and in some cases, were better off financially. The Commission also found that the agreement complied with the mandated minimum terms and conditions as required by the Act. Based on these findings, the Commission approved the agreement and ordered its registration.

The Fair Work Commission approved the Townsville Logistics Pty Ltd Enterprise Agreement 2017 and ordered its registration under the Fair Work Act 2009. This decision confirmed the agreement's compliance with the statutory requirements and validated the terms negotiated between Townsville Logistics and the unions. The approval and registration of the agreement ensured that the terms and conditions set out within it would be legally binding on both the employer and the employees represented by the unions.

Townsville Logistics Pty Ltd T/A Townsville Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established