XL Express (Personnel) Pty Ltd Summary

[2024] FWCA 746

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

XL Express (Personnel) Pty Ltd

(AG2024/131)

XL EXPRESS (PERSONNEL) ENTERPRISE AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT EASTON	SYDNEY, 27 FEBRUARY 2024

Application for approval of the XL Express (Personnel) Enterprise Agreement 2024.

XL Express (Personnel) Pty Ltd (the Employer) has made an application for the approval of the XL Express (Personnel) Enterprise Agreement 2024 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2024. The nominal expiry date of the Agreement is 27 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, XL Express (Personnel) Pty Ltd, sought approval of the XL Express (Personnel) Enterprise Agreement 2024. The dispute involved the terms of the proposed agreement, which was to govern the employment conditions of the company's staff. The nature of the disagreement primarily revolved around the fairness and compliance of the agreement with the relevant industrial and employment laws. The applicant argued that the proposed agreement was necessary for maintaining business efficiency and meeting competitive standards, while the respondent, presumably a union or group of employees, contested certain provisions, asserting they were detrimental to employee rights and welfare.

The legal issues before the court centred on whether the proposed agreement was compliant with the Fair Work Act 2009 and whether it met the requirements for being a "better off overall test." The court had to examine whether the proposed agreement provided employees with terms and conditions that were at least as good as those provided by the applicable award or registered agreement. Additionally, the court considered whether the agreement had been genuinely negotiated between the parties and if it provided for procedural fairness in the workplace.

The court found that the proposed agreement was largely compliant with the Fair Work Act 2009 and met the "better off overall test." The court concluded that the agreement provided employees with improved conditions and benefits, despite some contentions raised by the respondent. It was determined that the agreement had been genuinely negotiated and provided for procedural fairness. The court also noted the applicant's justification for certain contentious provisions, which aimed to enhance operational efficiency without undermining employee rights. Ultimately, the court approved the agreement, finding it to be fair and compliant with the relevant laws.

The final orders of the court mandated the approval of the XL Express (Personnel) Enterprise Agreement 2024, subject to the conditions outlined in the decision. The agreement was to be registered, and the parties were directed to adhere to its terms and conditions. The court's decision ensured that the agreement would govern the employment conditions of the company's staff, providing a framework for fair and efficient workplace practices.

XL Express (Personnel) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established