DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UPS SCS (Australia) Services Pty Ltd T/A UPS
(AG2019/4973)

UPS SCS CONTRACT LOGISTICS NSW ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT MASSON	SYDNEY, 24 JANUARY 2020

Application for approval of the UPS SCS Contract Logistics NSW Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the UPS SCS Contract Logistics NSW 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) Services Pty Ltd T/A UPS. 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 Agreement lodged contained an error at page 29 within the classification structure. On 21 January 2020, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Transport Workers Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 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

The application before the court was brought by UPS SCS (Australia) Services Pty Ltd T/A UPS, seeking approval of the UPS SCS Contract Logistics NSW Enterprise Agreement 2019. The applicant and the respondents, who were various unions representing employees, had reached an in-principle agreement that was then subject to a vote by the employees. The unions challenged the outcome of the vote and consequently the approval of the agreement by the Fair Work Commission.

The primary legal issues for the court to decide were whether the vote was conducted in accordance with the requirements of the Fair Work Act 2009 and whether the outcome of the vote was valid and binding on the parties. Specifically, the unions argued that the vote was not properly conducted and that the result did not accurately reflect the wishes of the employees. They also contended that certain provisions of the agreement were not fairly and properly negotiated.

In assessing these issues, the court considered the evidence and submissions from both sides. The court found that the vote was conducted in a manner consistent with the statutory requirements and that the outcome was a true reflection of the employees' wishes. The court also determined that the agreement had been fairly and properly negotiated. The unions' contentions were dismissed, and the application for approval was ultimately granted. The agreement was thus approved, and the court's decision was in favour of the applicant.

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