UPS Pty Ltd

Case •

[2023] FWCA 2882

•

7 SEPTEMBER 2023
[2023] FWCA 2882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UPS Pty Ltd

(AG2023/2876)

UPS (SMALL PACKAGES) ENTERPRISE AGREEMENT 2022

Road transport industry

COMMISSIONER TRAN

MELBOURNE, 7 SEPTEMBER 2023

Application for approval of the UPS (Small Packages) Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the UPS (Small Packages) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by UPS Pty Ltd.

  1. The Agreement is a single enterprise agreement.

  1. 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.

  1. 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.

  1. I note that Clause 12.5 is inconsistent with the National Employment Standards as it does not provide for the requirement of an employer to offer casual conversion to eligible employees as set out in s 66B of the Act. Given the National Employment Standards precedence clause set out in the undertaking attached to the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

  1. The Transport Workers’ Union, 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) I note that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 September 2023.

  1. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521422  PR765993>

Annexure A

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