DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UPS SCS (Australia) Pty Ltd T/A UPS
(AG2018/355)

UPS SCS (AUSTRALIA) PTY LTD FREIGHT FORWARDING ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER LEE	MELBOURNE, 28 JUNE 2018

Application for approval of the UPS SCS (Australia) Pty Ltd Freight Forwarding Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the UPS SCS (Australia) Pty Ltd Freight Forwarding 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 SCS (Australia) Pty Ltd T/A UPS. 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 5 July 2018. 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

In the matter of UPS SCS (Australia) Pty Ltd T/A UPS, the Fair Work Commission was presented with an application for the approval of the UPS SCS (Australia) Pty Ltd Freight Forwarding Enterprise Agreement 2016. The dispute arose from the terms of the proposed enterprise agreement between the employer and the employees, with the Fair Work Commission tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues the Fair Work Commission was required to decide involved whether the enterprise agreement contained the necessary provisions for employees' rights and protections and whether it was negotiated fairly and in good faith. The commission also needed to consider whether the agreement was consistent with the principles of the Fair Work Act and whether it provided for a fair and reasonable outcome for both parties. Further, the commission had to examine whether the agreement was in the best interests of the employees and whether it provided adequate protections for those employees who were not directly represented by a union.

Upon reviewing the application and the proposed agreement, the Fair Work Commission found that the agreement contained the necessary provisions for employees' rights and protections and that it had been negotiated fairly and in good faith. The commission determined that the agreement was consistent with the principles of the Fair Work Act and that it provided for a fair and reasonable outcome for both parties. Furthermore, the commission found that the agreement was in the best interests of the employees and provided adequate protections for those employees who were not directly represented by a union. Consequently, the Fair Work Commission approved the UPS SCS (Australia) Pty Ltd Freight Forwarding Enterprise Agreement 2016, subject to any necessary modifications to ensure compliance with the Fair Work Act.

UPS SCS (Australia) Pty Ltd T/A UPS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established