DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilhelmsen Logistics Australia Pty Ltd
(AG2017/794)

WALLENIUS WILHELMSEN LOGISTICS AUSTRALIA PTY LTD & AMWU ENTERPRISE AGREEMENT 2016

Vehicle industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 MAY 2017

Application for approval of the Wallenius Wilhelmsen Logistics Australia Pty Ltd & AMWU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Wallenius Wilhelmsen Logistics Australia Pty Ltd & AMWU Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] 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.

[5] The Agreement was approved on 3 May 2017 and, in accordance with s.54, will operate from 10 May 2017. The nominal expiry date of the Agreement is 1 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wilhelmsen Logistics Australia Pty Ltd, an employer, and the Australian Maritime Workers’ Union, the representative of the employees, applied for the approval of the Wallenius Wilhelmsen Logistics Australia Pty Ltd & AMWU Enterprise Agreement 2016. The application was heard in the Fair Work Commission. The application was for the approval of an enterprise agreement that would govern the terms and conditions of employment for the employees of Wilhelmsen Logistics Australia Pty Ltd.

The legal issues that the commission was required to decide were whether the enterprise agreement was a genuine agreement reached through proper bargaining processes, whether it complied with the relevant statutory provisions, and whether it met the "better off overall test." The commission had to consider the fairness and reasonableness of the agreement in the context of the bargaining process, the parties' relative bargaining power, and the overall impact on the employees.

The commission found that the enterprise agreement was a genuine agreement that had been reached through proper bargaining processes. The commission was satisfied that the agreement complied with the relevant statutory provisions and met the "better off overall test." The commission considered the fairness and reasonableness of the agreement in the context of the bargaining process, the parties' relative bargaining power, and the overall impact on the employees. The commission found that the agreement provided for a fair and reasonable outcome for the employees and was in their best interests.

The commission approved the enterprise agreement, subject to certain modifications to ensure compliance with the relevant statutory provisions. The modifications related to the calculation of penalty rates and the provision of paid parental leave. The commission noted that the modifications were minor and did not significantly affect the overall fairness and reasonableness of the agreement. The commission was satisfied that the agreement provided for a fair and reasonable outcome for the employees and was in their best interests.

Wilhelmsen Logistics Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established