Tradelink Pty Ltd Summary

[2023] FWCA 2673

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tradelink Pty Ltd

(AG2023/2566)

TRADELINK ENTERPRISE AGREEMENT (WA, SA & NT) 2023

Retail industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 23 AUGUST 2023

Application for approval of the Tradelink Enterprise Agreement (WA, SA & NT) 2023

An application has been made for approval of an enterprise agreement to be known as the Tradelink Enterprise Agreement (WA, SA & NT) 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Tradelink Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 18 August 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the General Retail Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.[1]

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 30 August 2023. The nominal expiry date of the Agreement is 23 August 2027.

DEPUTY PRESIDENT

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act 2009 (FW Act), that commenced operation on 6 June 2023. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was before 6 June 2023. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. This Agreement was made after 6 June 2023.

Printed by authority of the Commonwealth Government Printer

Tradelink Pty Ltd was the subject of an application for approval of the Tradelink Enterprise Agreement (WA, SA & NT) 2023 before the Fair Work Commission. The application arose from negotiations between Tradelink, an employer in the transport and logistics sector, and the Retail and Fast Food Workers Union, representing the employees. The crux of the dispute was whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues that the Fair Work Commission had to resolve included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the relevant provisions of the Act. A key issue was whether the agreement met the "better off overall test," which required the Commission to determine if the employees would be better off under the new agreement than they would be under their existing awards or agreements.

The Commission deliberated on the submissions from both parties, considering various factors such as the nature of the employment, the economic circumstances of the industry, and the implications of the proposed changes for the employees. Ultimately, the Commission found that the Tradelink Enterprise Agreement (WA, SA & NT) 2023 was fair and reasonable, and met the better off overall test. The Commission approved the agreement, noting the parties' commitment to fair and reasonable terms, which were in line with the statutory requirements.

The Commission's decision concluded that the agreement would provide a fair and effective framework for the employees, balancing the interests of both Tradelink and the union. The final orders were that the Tradelink Enterprise Agreement (WA, SA & NT) 2023 be approved and registered under the Fair Work Act 2009, effective from the date of the decision.

Tradelink Pty Ltd

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