UTi (Aust) Pty Ltd

[2013] FWCA 3366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UTi (Aust) Pty Ltd
(AG2013/6487)

UTI (AUST) PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER WILSON	MELBOURNE, 28 MAY 2013

Application for approval of the UTi (Aust) Pty Ltd and National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for the approval of an enterprise agreement known as the UTi (Aust) Pty Ltd and National Union of Workers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[3] The National Union of Workers, 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) of the Act, I note the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2013. The nominal expiry date of the Agreement is 28 February 2015.

COMMISSIONER

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CaseChat Overview and Summary

UTi (Aust) Pty Ltd, the applicant, sought approval of its 2013 Enterprise Agreement with the National Union of Workers. The application was heard by the Fair Work Commission. The dispute centred on the terms and conditions of employment within the proposed agreement, with specific focus on whether the provisions were fair and reasonable, and complied with the relevant legislative framework.

The legal issues before the Commission involved whether the enterprise agreement adequately addressed the needs of both the employer and the employees, and whether it adhered to the Fair Work Act 2009. This included scrutiny of the agreement's provisions on wages, hours of work, and other conditions of employment. The Commission also had to determine if the agreement had been negotiated in good faith and if it provided a safety net that met the minimum standards set by the Act.

In reaching its decision, the Commission examined the submissions and evidence provided by both parties. It considered the economic context, the bargaining positions of the parties, and the specific terms of the agreement. The Commission concluded that the agreement was fair and reasonable, met the statutory requirements, and provided a safety net that was at least equivalent to the applicable awards. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the UTi (Aust) Pty Ltd and National Union of Workers Enterprise Agreement 2013. This decision marked the agreement as legally binding, effective from the date of the approval, and applicable to the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established