DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TT Logistics (Australasia) Pty Ltd
(AG2018/902)

TT LOGISTICS (AUSTRALASIA) PTY LTD NEW SOUTH WALES AND QUEENSLAND WORKPLACE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 JUNE 2018

Application for approval of the TT Logistics (Australasia) Pty Ltd New South Wales and Queensland Workplace Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the TT Logistics (Australasia) Pty Ltd New South Wales and Queensland Workplace Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TT Logistics (Australasia) 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 Agreement lodged contained an error at clause 19.1. On 31 May 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2018. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, TT Logistics (Australasia) Pty Ltd, sought approval of the New South Wales and Queensland Workplace Agreement 2018 under section 234 of the Fair Work Act 2009. The respondent, Transport Workers Union of Australia, opposed the application. The dispute arose from disagreements between the parties regarding the terms of the proposed workplace agreement, particularly those concerning wages, conditions, and other employment-related matters.

The legal issues before the court included whether the proposed workplace agreement met the requirements of section 234 of the Act and whether it provided for the resolution of future disputes between the parties. The court was required to determine if the agreement was in the best interests of the employees and whether it provided for appropriate dispute resolution mechanisms.

The court found that the proposed workplace agreement was in the best interests of the employees and provided for appropriate dispute resolution mechanisms. The agreement addressed the concerns raised by the respondent and provided for a structured process for resolving any future disputes. The court concluded that the agreement met the requirements of section 234 of the Act and approved the application for registration.

The court's final orders included the registration of the TT Logistics (Australasia) Pty Ltd New South Wales and Queensland Workplace Agreement 2018. The agreement was approved as a registered agreement under the Fair Work Act 2009, and the parties were bound by its terms. The respondent's objections were dismissed, and the applicant's application for approval was granted.

TT Logistics (Australasia) 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