DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TT Logistics (Australasia) Pty Ltd T/A TT Logistics
(AG2019/1131)

TT LOGISTICS (AUSTRALASIA) PTY LTD SOUTH AUSTRALIA WORKPLACE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 MAY 2019

Application for approval of the TT Logistics (Australasia) Pty Ltd South Australia Workplace Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the TT Logistics (Australasia) Pty Ltd South Australia Workplace Agreement 2019 (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] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2019. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, TT Logistics (Australasia) Pty Ltd, trading as TT Logistics, applied for approval of the South Australia Workplace Agreement 2019. The dispute involved the terms of employment, including hours of work, shift patterns, and rostering practices. The application was brought under the Fair Work Act 2009, and the decision was made by Deputy President K E C Mason.

The primary legal issues revolved around whether the proposed workplace agreement complied with the Fair Work Act and whether it met the requirements for an enterprise agreement. The focus was on the procedural fairness in the agreement-making process and the substantive fairness of the agreement's terms and conditions. Specifically, the court examined the process of employee consultation and whether the agreement fairly represented the interests of the employees.

The court concluded that the agreement was procedurally sound, as it was made following a genuine attempt to consult with employees and their representatives. The Deputy President found that the agreement provided for fair and reasonable terms and conditions, taking into account the specific needs of the employees and the nature of the business. The Deputy President approved the workplace agreement, noting that it balanced the interests of the employer and employees appropriately. The approval was subject to certain conditions, including the requirement for ongoing consultation between the parties.

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