DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TT Logistics (Australasia) Pty Ltd T/A TT Logistics
(AG2018/2010)

TT LOGISTICS (AUSTRALASIA) PTY LTD VICTORIA WORKPLACE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the TT Logistics (Australasia) Pty Ltd Victorian Workplace Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the TT Logistics (Australasia) Pty Ltd Victorian 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 T/A TT Logistics. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 September 2018 and, in accordance with s.54, will operate from 25 September 2018. The nominal expiry date of the Agreement is 1 May 2021.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the TT Logistics (Australasia) Pty Ltd Victorian Workplace Agreement 2018. The applicant, TT Logistics, sought approval of the agreement under the Fair Work Act 2009. The dispute arose from disagreements between the employer and the employees, represented by the Transport Workers Union, regarding the terms of the proposed workplace agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including its fairness and the proper process through which it was developed.

The central legal issues before the Commission were whether the agreement was a "simple" agreement, as defined under the Fair Work Act, and whether it was made in accordance with the process requirements outlined in the Act. Additionally, the Commission had to consider whether the agreement was procedurally fair, considering the extent of the employer's consultation with the employees. The Transport Workers Union argued that the process was flawed and that the agreement did not adequately reflect the interests of the employees.

The Commission found that the agreement was procedurally fair and that the employer had adequately consulted with the employees during the negotiation process. The Commission emphasised the importance of genuine consultation and the provision of information to employees. The Commission noted that, while there were some procedural shortcomings, they did not reach the threshold of unfairness. The agreement was considered to be a simple agreement as it did not create new terms or conditions of employment but rather streamlined existing ones. The Commission ultimately approved the agreement, finding it met the requirements of the Act.

The Commission's final order was the approval of the TT Logistics (Australasia) Pty Ltd Victorian Workplace Agreement 2018. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The decision reinforced the importance of proper consultation and the need for workplace agreements to be fair and meet the statutory requirements.

TT Logistics (Australasia) Pty Ltd T/A TT Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established