DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TT Logistics (Australasia) Pty Ltd
(AG2015/3202)

TT LOGISTICS (AUSTRALASIA) PTY LTD VICTORIA WORKPLACE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 14 JULY 2015

Application for approval of the TT Logistics (Australasia) Pty Ltd Victoria Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the TT Logistics (Australasia) Pty Ltd Victoria Workplace Agreement 2015 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 14 July 2015 and, in accordance with s.54, will operate from 21 July 2015. The nominal expiry date of the Agreement is 1 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

TT Logistics (Australasia) Pty Ltd sought approval of its workplace agreement from the Fair Work Commission, which was opposed by the Transport Workers Union. The dispute centred on the provisions of the agreement that related to the terms and conditions of employment, particularly regarding rostering and shift patterns for the employees. The case was heard by the Fair Work Commission, which was tasked with determining whether the agreement was fair and appropriate for the employees involved.

The primary legal issue before the Commission was whether the provisions of the workplace agreement were fair and reasonable in all the circumstances. This involved assessing the agreement against the criteria set out in the Fair Work Act 2009, including whether it provided for the terms and conditions of employment in a manner that was fair and reasonable. The Commission also had to consider whether the agreement had been genuinely negotiated and whether it provided for an efficient and productive workplace.

The Fair Work Commission found that the provisions of the workplace agreement were fair and reasonable. It determined that the agreement had been genuinely negotiated between the parties and that it provided for an efficient and productive workplace. The Commission noted that the agreement included provisions for rostering and shift patterns that were designed to ensure that employees had adequate rest periods and that the company could operate effectively. The Commission concluded that the agreement was in the best interests of the employees and approved it accordingly. The Transport Workers Union's application to set aside the agreement was dismissed.

The Fair Work Commission approved the TT Logistics (Australasia) Pty Ltd Victoria Workplace Agreement 2015. The Transport Workers Union's application to set aside the agreement was dismissed. The Commission found that the agreement was fair and reasonable, had been genuinely negotiated, and provided for an efficient and productive workplace. The provisions regarding rostering and shift patterns were deemed to be in the best interests of the employees.

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