Watco Australia Logistics Pty Ltd Summary

[2024] FWCA 1165

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Watco Australia Logistics Pty Ltd

(AG2024/34)

WATCO QUEENSLAND RAIL SUPPLY CHAIN ENTERPRISE AGREEMENT 2023

Rail industry
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 3 APRIL 2024

Application for approval of the Watco Queensland Rail Supply Chain Enterprise Agreement 2023

Watco Australia Logistics Pty Ltd applies under s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Watco Queensland Rail Supply Chain Enterprise Agreement 2023 (the Agreement).

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.

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.

The following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 35.6 – Annual leave; and
· Clause 36.2 – Personal/carer’s leave.

However, noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Federated Union of Locomotive Employees and the Australian Rail, Tram and Bus Industry Union 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 these organisations.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 April 2024. The nominal expiry date of the Agreement is 3 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Watco Australia Logistics Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The agreement related to employees working within the rail supply chain in Queensland. The dispute centred on whether the agreement complied with statutory requirements and if it was made in good faith and on a voluntary basis.

The legal issues before the Commission included whether the agreement met the necessary standards for approval under the Fair Work Act 2009, particularly focusing on whether the agreement was made without undue coercion or pressure and whether it provided for fair and reasonable terms and conditions of employment. The Commission also needed to consider if the agreement complied with the procedural requirements set out in the Act.

The Commission determined that the agreement met the statutory criteria for approval. It found that the agreement was made in good faith, without coercion, and provided for fair and reasonable terms and conditions. The Commission was satisfied that all procedural requirements were followed, and the agreement was consistent with the principles of the Act. Consequently, the Commission approved the Watco Queensland Rail Supply Chain Enterprise Agreement 2023.

The Fair Work Commission approved the Watco Queensland Rail Supply Chain Enterprise Agreement 2023. The approval was made effective from the date of the Commission's decision, ensuring that the agreement would govern the employment terms and conditions of the relevant employees.

Watco Australia Logistics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established