DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UPS Pty Ltd
(AG2017/1976)

UPS ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER LEE	LAUNCESTON, 22 JUNE 2017

Application for approval of the UPS Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the UPS Enterprise Agreement 2016 (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. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Transport Workers’ Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

UPS Pty Ltd applied for approval of the UPS Enterprise Agreement 2016, which was the outcome of a process that involved bargaining between the company and its employees. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the employees covered by the agreement, including wages, hours of work, leave entitlements, and other workplace policies.

The primary legal issues that the Commission had to address were whether the agreement was made in good faith, whether it provided for the proper negotiation of terms and conditions of employment, and whether it included the necessary provisions for dispute resolution. The Commission also had to consider whether the agreement provided for a fair and reasonable outcome for both parties and whether it complied with the relevant provisions of the Fair Work Act. The application for approval was contested by a union representing some of the employees, who argued that the agreement did not provide adequate protections for workers.

In delivering its decision, the Commission found that the agreement had been made in good faith and that the bargaining process had been conducted appropriately. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, including adequate protections for employees. The Commission noted that the agreement included provisions for dispute resolution, which it considered to be an important aspect of the agreement. The Commission was satisfied that the agreement complied with the relevant provisions of the Fair Work Act and approved the UPS Enterprise Agreement 2016. The union's objections were dismissed.

UPS Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established