Wallenius Wilhelmsen Logistics Australia Pty Ltd Summary

[2018] FWCA 7268

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Wallenius Wilhelmsen Logistics Australia Pty Ltd

(AG2018/4804)

Wallenius Wilhelmsen Solutions NSW & AMWU Enterprise Agreement 2018

Vehicle industry
Deputy President Colman	MELBOURNE, 28 NOVEMBER 2018

Application for approval of the Wallenius Wilhelmsen Solutions NSW & AMWU Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Wallenius Wilhelmsen Solutions NSW & AMWU Enterprise Agreement 2018 (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 T/A Wallenius Wilhelmsen Solutions. The agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying statutory declaration, 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 28 November 2018 and, in accordance with s.54, will operate from 5 December 2018. The nominal expiry date of the Agreement is 1 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Maritime Officers’ Union (AMOU) sought approval of the Wallenius Wilhelmsen Solutions NSW & AMWU Enterprise Agreement 2018. The company, Wallenius Wilhelmsen Logistics Australia Pty Ltd, opposed the approval, raising concerns over the agreement's provisions. The legal issues before the Commission included whether the agreement complied with the relevant federal legislation, specifically the Fair Work Act 2009, and whether it met the requirements for good faith bargaining and fair terms and conditions of employment.

The Commission considered the arguments from both parties, assessing whether the agreement provided for fair and reasonable terms and conditions of employment and whether it had been made in good faith. The Commission examined the negotiation process and the provisions of the agreement, including those related to wages, hours of work, and other employment conditions. After careful consideration, the Commission determined that the agreement was made in good faith and that its terms and conditions were fair. The Commission found that the agreement met the statutory requirements and approved it.

Consequently, the Fair Work Commission approved the Wallenius Wilhelmsen Solutions NSW & AMWU Enterprise Agreement 2018, effective from 1 April 2018. The decision was based on the evidence presented and the legal standards applied, ensuring that the agreement would provide for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The approval marked the end of the dispute, allowing the parties to move forward with the implementation of the agreed terms.

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