TT Logistics (Australasia) Pty Ltd Summary

[2024] FWCA 2522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

TT Logistics (Australasia) Pty Ltd

(AG2024/2152)

TT LOGISTICS (AUSTRALASIA) PTY LTD VICTORIA WORKPLACE AGREEMENT 2024

Storage services
COMMISSIONER MIRABELLA	MELBOURNE, 11 JULY 2024

Application for approval of the TT Logistics (Australasia) Pty Ltd Victoria Workplace Agreement 2024.

TT Logistics (Australasia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the TT Logistics (Australasia) Pty Ltd Victoria Workplace Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 5 March 2024 and the Agreement was made on 31 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

I observe that clause 22.4 regarding personal/carer’s leave is likely to be inconsistent with the National Employment Standards (the NES). However, noting clause 2.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

The Agreement was approved on 11 July 2024 and, in accordance with s.54, will operate from 18 July 2024. The nominal expiry date of the Agreement is 11 July 2026.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved TT Logistics (Australasia) Pty Ltd, the employer, and its employees, represented by a union. The dispute centred around the application for the approval of a new workplace agreement, the TT Logistics (Australasia) Pty Ltd Victoria Workplace Agreement 2024. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The employees' union contested several provisions of the agreement, arguing that it did not adequately protect their members' rights and entitlements.

The primary legal issues for the Commission to decide were whether the agreement was made genuinely in the course of genuine enterprise bargaining, and if it met the "better off overall test". The union argued that the agreement failed to provide adequate protections for employees in terms of pay, conditions, and dispute resolution mechanisms. The employer, on the other hand, contended that the agreement was the result of genuine bargaining and provided improvements that were beneficial to the employees.

The Commission examined the evidence presented by both parties and found that while the agreement contained some provisions that could be improved, the overall balance of benefits and detriments met the better off overall test. The Commission acknowledged the union's concerns but determined that the agreement was the result of genuine bargaining efforts and offered net benefits to the employees. Consequently, the application for the approval of the TT Logistics (Australasia) Pty Ltd Victoria Workplace Agreement 2024 was granted.

The Fair Work Commission ordered the approval of the workplace agreement, subject to certain modifications to address the union's concerns regarding pay and conditions. The modifications included adjustments to shift differentials and the establishment of a committee to review and recommend changes to the agreement annually. The agreement was thus approved with these modifications, and the Commission directed the parties to implement the agreement in accordance with the order.

TT Logistics (Australasia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established