Townsville Logistics Pty Ltd Summary

[2022] FWCA 4601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Townsville Logistics Pty Ltd

(AG2022/5010)

Townsville Logistics Enterprise Agreement 2021

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 DECEMBER 2022

Application for approval of the Townsville Logistics Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Townsville Logistics Enterprise Agreement 2021 (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. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 January 2023. The nominal expiry date of the Agreement is 5 January 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Townsville Logistics Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Townsville Logistics Enterprise Agreement 2021. The dispute centred around the terms and conditions of employment for the company's employees, specifically the proposed changes to wages, hours of work, and other employment-related matters. The application was brought forth by the company seeking to formalise the agreement to ensure that the employment conditions were in compliance with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement provided for fair and reasonable terms of employment. This involved assessing whether the agreement met the requirements set out in section 233 of the Fair Work Act, which mandates that an enterprise agreement must provide for fair and reasonable terms and conditions of employment. The Commission had to evaluate if the proposed agreement fairly reflected the interests of both the employees and the employer, and if it adhered to the principles of procedural fairness and good faith bargaining.

The Commission found that the proposed agreement was fair and reasonable, considering the evidence presented by both parties. The Commission noted the efforts of both Townsville Logistics Pty Ltd and the employee representatives to negotiate in good faith and the comprehensive nature of the agreement in addressing various employment terms. The Commission also highlighted the agreement's alignment with the principles of procedural fairness and the broader economic context, including wage growth and productivity. As a result, the Fair Work Commission approved the Townsville Logistics Enterprise Agreement 2021, ensuring that the terms and conditions of employment were fair and reasonable for all parties involved.

Townsville Logistics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established