TT Logistics (Australasia) Pty Ltd

[2022] FWCA 1251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

TT Logistics (Australasia) Pty Ltd

(AG2022/1005)

TT Logistics (Australasia) Pty Ltd South Australia Workplace Agreement 2022

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 APRIL 2022

Application for the approval of TT Logistics (Australasia) Pty Ltd South Australia Workplace Agreement 2022

An application has been made for approval of an enterprise agreement known as the TT Logistics (Australasia) Pty Ltd South Australia Workplace Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 April 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by TT Logistics (Australasia) Pty Ltd, a transport and logistics company, seeking approval of their South Australia Workplace Agreement 2022. The dispute arose as the company wished to alter certain terms and conditions of employment for their staff in South Australia. The Commission was tasked with assessing whether the proposed agreement met the criteria for registration under the Fair Work Act 2009.

The legal issues central to the case were whether the proposed agreement provided for the mandatory elements required by the Fair Work Act and whether it was made in good faith and without coercion. The key points of contention involved provisions related to hours of work, penalties for breaches of the agreement, and the process for resolving disputes. The Commission needed to ensure that these provisions were fair and reasonable, balancing the interests of both the employer and the employees.

In delivering the decision, the Commission carefully examined the proposed agreement against the statutory requirements. The Commission found that the agreement contained all the necessary mandatory elements, including provisions for minimum hours of work and penalties for breaches. The Commission was also satisfied that the agreement had been made in good faith and without any element of coercion. Given the balance of considerations, the Commission approved the agreement, finding it to be fair and reasonable.

The Fair Work Commission approved the TT Logistics (Australasia) Pty Ltd South Australia Workplace Agreement 2022. The decision is a significant step for the company in managing its workforce under the new terms and conditions outlined in the agreement. The approval ensures that the company can implement the changes while providing adequate protections for its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established