DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UPS SCS (Australia) Services Pty Ltd T/A UPS
(AG2018/498)

UPS SCS CONTRACT LOGISTICS NSW ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 4 JUNE 2018

Application for approval of the UPS SCS Contract Logistics NSW Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the UPS SCS Contract Logistics NSW 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) Services 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 National Union of Workers and Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 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

The parties involved in this case are UPS SCS (Australia) Services Pty Ltd, trading as UPS, and the Fair Work Commission. The dispute concerns the application for approval of the UPS SCS Contract Logistics NSW Enterprise Agreement 2016. The matter was heard in the Fair Work Commission. The legal issues that the Fair Work Commission had to address pertained to whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. This included considerations of whether the agreement had been made in good faith, whether it contained minimum entitlements that were not less favourable than those provided by the relevant awards or safety nets, and whether the agreement had been appropriately certified.

The Fair Work Commission conducted a thorough review of the application and the evidence provided by the parties. It examined whether the agreement had been genuinely negotiated and whether it contained provisions that were fair and reasonable. The Commission also assessed whether the agreement met the criteria for approval, including whether it provided for a proper process for resolving disputes and whether it contained provisions that were not less favourable than the safety net provided by the relevant awards. After carefully considering all the evidence and arguments presented, the Commission found that the agreement met the necessary requirements for approval. It was satisfied that the agreement had been made in good faith, contained appropriate minimum entitlements, and complied with the relevant provisions of the Fair Work Act.

As a result of its findings, the Fair Work Commission approved the UPS SCS Contract Logistics NSW Enterprise Agreement 2016. The approval signifies that the agreement is now legally binding on the parties involved and can be used to regulate the employment terms and conditions of the employees covered by the agreement. The decision underscores the importance of ensuring that enterprise agreements are made in good faith and provide fair and reasonable terms for all parties involved.

UPS SCS (Australia) Services 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