DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unitrans Asia Pacific Pty Ltd
(AG2020/1848)

UNITRANS ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 6 AUGUST 2020

Application for approval of the Unitrans Enterprise Agreement 2020.

[1] Unitrans Asia Pacific Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Unitrans Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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] The Shop, Distributive and Allied Employees Association and the United Workers’ Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 6 August 2020 and, in accordance with s 54, will operate from 13 August 2020. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Unitrans Asia Pacific Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Unitrans Enterprise Agreement 2020. This agreement is a collective agreement between Unitrans Asia Pacific Pty Ltd, the respondent, and its employees, the applicants. The crux of the matter was whether the agreement met the legal standards for approval under the Fair Work Act 2009. The applicants, representing the employees, contended that the agreement was fair and met all the necessary criteria, whereas the respondent raised concerns about specific provisions of the agreement.

The legal issues central to this case involved the interpretation and application of the criteria for the approval of enterprise agreements as outlined in the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement provided for the proper operation of the enterprise and whether it contained provisions that were fair and reasonable. The court also had to consider the views of the applicants and the respondent regarding the fairness and reasonableness of the agreement's terms.

The Fair Work Commission carefully examined the agreement, taking into account the submissions from both parties. The Commission found that the agreement was consistent with the criteria for approval. It provided for the proper operation of the enterprise and contained provisions that were fair and reasonable. The Commission also noted the applicants' views on the agreement and the respondent's concerns, concluding that the agreement met the necessary standards for approval. The court highlighted that the agreement provided for appropriate conditions for the employees, including provisions for wages, working hours, and other employment terms that were deemed fair and reasonable.

The Fair Work Commission approved the Unitrans Enterprise Agreement 2020, determining that it met the necessary criteria for approval under the Fair Work Act 2009. The Commission found that the agreement was fair and reasonable and provided for the proper operation of the enterprise. The decision was made based on a comprehensive review of the agreement and the submissions from both parties. This approval ensures that the agreement will govern the employment terms between Unitrans Asia Pacific Pty Ltd and its employees, subject to the conditions and provisions outlined in the approved agreement.

Unitrans Asia Pacific Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established