DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UPS SCS (Australia) Pty Ltd
(AG2020/3139)

UPS SCS (AUSTRALIA) PTY LTD FREIGHT FORWARDING ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT CROSS	SYDNEY, 10 NOVEMBER 2020

Application for approval of the UPS SCS (Australia) Pty Ltd Freight Forwarding Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the UPS SCS (Australia) Pty Ltd Freight Forwarding Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UPS SCS (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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 17 November 2020. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of UPS SCS (Australia) Pty Ltd, the Fair Work Commission was tasked with approving the Freight Forwarding Enterprise Agreement 2019, which was submitted by the employer for consideration under the Fair Work Act 2009. The dispute arose from the proposed agreement between UPS SCS (Australia) Pty Ltd and the relevant union, which aimed to regulate employment conditions for the employees within the freight forwarding industry. The union had lodged an application for the agreement's approval, and the employer had subsequently provided its submissions, raising objections to specific provisions.

The legal issues before the Commission centred on the fairness and efficacy of the proposed agreement, particularly focusing on the dispute resolution mechanisms, classification of employees, and various conditions of employment. The union argued that the agreement was fair and balanced, while the employer contended that certain provisions did not adequately protect its operational interests and could potentially lead to industrial disputes.

The Commission carefully considered the submissions from both parties and evaluated the agreement against the criteria set out in the Fair Work Act. The Commission found that the proposed agreement was fair and reasonable, taking into account the overall balance of interests and the potential impact on the employees, the employer, and the broader industry. The Commission determined that the provisions in question, including the dispute resolution mechanisms and classification of employees, were fair and would not disadvantage either party. Consequently, the Commission approved the Freight Forwarding Enterprise Agreement 2019.

The Fair Work Commission's decision provides clarity for both the employer and the union regarding the approved agreement and its implications for the employees. The approval of the agreement ensures that the terms and conditions of employment are governed by a legally binding document, promoting industrial harmony and providing a framework for resolving disputes that may arise in the future.

UPS SCS (Australia) 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