Wallenius Wilhelmsen Logistics Australia Pty Ltd Summary

[2013] FWCA 2610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wallenius Wilhelmsen Logistics Australia Pty Ltd
(AG2013/6128)

WALLENIUS WILHELMSEN LOGISTICS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 30 APRIL 2013

Application for approval of the Wallenius Wilhelmsen Logistics Australia Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wallenius Wilhelmsen Logistics Australia Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wallenius Wilhelmsen Logistics Australia Pty Ltd. The agreement is a single enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[4] The Agreement was approved on 30 April 2013 and, in accordance with s.54, will operate from 7 May 2013. The nominal expiry date of the Agreement is 1 February 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Wallenius Wilhelmsen Logistics Australia Pty Ltd applied for the approval of the Enterprise Agreement 2013. The applicant sought to have the agreement certified as suitable for the purposes of the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for employees covered by the proposed agreement.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009, specifically focusing on the "better off overall test" and whether it contained the necessary minimum terms and conditions as stipulated by the Act. The court also needed to determine if the agreement provided for the protection of employee rights and the avoidance of exploitation.

The court found that the proposed agreement satisfied the "better off overall test" as it provided for a range of benefits to employees that were not available under the applicable industrial instrument. The agreement included provisions for wages, conditions of employment, and other benefits that were more favourable to the employees than what they would have received under the existing award. The court also noted that the agreement contained the necessary minimum terms and conditions as required by the Fair Work Act 2009 and provided adequate protection of employee rights. As a result, the court approved the agreement and ordered that it be registered with the Fair Work Commission.

Wallenius Wilhelmsen Logistics Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established