UPS Pty Ltd

[2013] FWCA 1068

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

UPS Pty Ltd
(AG2013/4939)

UPS PTY LTD AND TRANSPORT WORKERS’ UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2012

Road transport industry
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 15 FEBRUARY 2013

Application for approval of the UPS Pty Ltd and Transport Workers’ Union of Australia Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the UPS Pty Ltd and Transport Workers’ Union of Australia Enterprise Agreement 2012 (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] 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, will operate from 22 February 2013. The nominal expiry date of the Agreement is 31 December 2015.

[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.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, UPS Pty Ltd, sought approval of an enterprise agreement with the Transport Workers' Union of Australia. The dispute was heard in the Fair Work Commission (FWC), where the FWC was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues centred on whether the agreement provided for fair and reasonable terms and conditions, and if it complied with the requirements of the Act, including provisions on employee protection and the bargaining process.

The FWC examined the agreement's provisions concerning employee entitlements, including wages, leave, and working conditions. The FWC also considered the process through which the agreement was negotiated and whether it allowed for genuine bargaining. The FWC found that the agreement contained terms and conditions that were fair and reasonable, and that the negotiation process was in line with the requirements of the Act. The FWC noted that the agreement provided for adequate protections for employees, including provisions for dispute resolution and the ability for employees to be represented by their union.

In approving the agreement, the FWC emphasised the importance of ensuring that enterprise agreements contribute to a cooperative and productive workplace. The FWC found that the agreement met these standards, and thus was in the best interests of the employees and the employer. The FWC approved the agreement, allowing it to come into effect on the specified date. The decision underscored the importance of fair and reasonable terms in enterprise agreements and the role of the FWC in ensuring compliance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established