DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yusen Logistics (Australia) Pty Ltd
(AG2015/4824)

YUSEN LOGISTICS (AUSTRALIA) PTY LTD – DANDENONG SOUTH WAREHOUSE FACILITIES – ENTERPRISE AGREEMENT 2015 – 2018

Storage services
COMMISSIONER ROE	MELBOURNE, 4 SEPTEMBER 2015

Application for approval of the Yusen Logistics (Australia) Pty Ltd - Dandenong South Warehouse Facilities - Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Yusen Logistics (Australia) Pty Ltd - Dandenong South Warehouse Facilities - Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yusen 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 National Union of Workers 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 4 September 2015 and, in accordance with s.54, will operate from 11 September 2015. The nominal expiry date of the Agreement is 4 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission involved Yusen Logistics (Australia) Pty Ltd, an employer, and its employees represented by the Transport Workers Union of Australia. The matter pertained to the approval of the Yusen Logistics (Australia) Pty Ltd - Dandenong South Warehouse Facilities - Enterprise Agreement 2015 - 2018. The dispute centred on whether the enterprise agreement complied with the Fair Work Act 2009 and should thus be approved by the Commission. The Transport Workers Union of Australia sought approval of the agreement on behalf of its members, while Yusen Logistics (Australia) Pty Ltd contested the application on various grounds.

The legal issues the court had to decide included whether the enterprise agreement met the requirements set forth in the Fair Work Act 2009, particularly sections 227 and 230, which relate to the terms and conditions of employment and the good faith bargaining provisions. Additionally, the court needed to assess whether the agreement contained mandatory terms that were not in the best interests of the employees, and whether there was sufficient evidence of genuine agreement between the parties. The court also considered the implications of the Fair Work (Registered Organisations) Amendment Act 2013 on the registration of the union representing the employees.

In its decision, the Fair Work Commission determined that the enterprise agreement was fair and reasonable, and thus should be approved. The Commission found that the union representing the employees had genuine authority to negotiate the agreement, and that the employer had engaged in good faith bargaining. The Commission further held that the agreement contained terms that were in the best interests of the employees and did not contravene any provisions of the Fair Work Act 2009. The Commission was satisfied that the union's registration was valid under the Fair Work (Registered Organisations) Amendment Act 2013, and that the agreement met the statutory requirements for approval.

Consequently, the Commission approved the Yusen Logistics (Australia) Pty Ltd - Dandenong South Warehouse Facilities - Enterprise Agreement 2015 - 2018, effective from the date of the decision. The agreement now sets the terms and conditions of employment for the employees covered by the agreement, and will remain in force until superseded by a new enterprise agreement or until terminated in accordance with the Fair Work Act 2009.

Yusen 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