Yusen Logistics (Australia) Pty Ltd

[2013] FWCA 4356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Yusen Logistics (Australia) Pty Ltd
(AG2013/6686)

YUSEN LOGISTICS (AUSTRALIA) PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2011-2014

Storage services
COMMISSIONER RIORDAN	SYDNEY, 3 JULY 2013

Application for approval of the Yusen Logistics (Australia) Pty Ltd and National Union of Workers Enterprise Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known asthe Yusen Logistics (Australia) Pty Ltd and National Union of Workers Enterprise Agreement 2011-2014 (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 Applicant) to cover its employees in Victoria in accordance with the Incidence and Coverage Clause of the Agreement. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The National Union of Workers (the Union)has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 11 August 2014.

COMMISSIONER

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CaseChat Overview and Summary

In this case, Yusen Logistics (Australia) Pty Ltd, along with the National Union of Workers, sought approval for their enterprise agreement for the period 2011-2014. The dispute arose because the Fair Work Commission required that the agreement be assessed to determine if it met the necessary standards and if it was fair and reasonable. The matter was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. This included whether it provided for a fair and efficient method of determining employees' pay and conditions, and if it met the ‘better off overall test’. The Commission had to assess if the agreement provided employees with at least the minimum terms and conditions of employment as provided by the relevant awards, and if it was likely to result in improved conditions for the employees.

The Commission found that the enterprise agreement was fair and reasonable. It concluded that the agreement provided for an efficient method of determining employees' pay and conditions and met the better off overall test. The Commission determined that the proposed agreement provided for a number of improvements to the employees’ terms and conditions, including better leave provisions and enhanced dispute resolution processes. Based on this, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Yusen Logistics (Australia) Pty Ltd and National Union of Workers Enterprise Agreement 2011-2014, determining that it met the necessary standards and was fair and reasonable for the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established