DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yusen Logistics (Australia) Pty Ltd
(AG2020/630)

YUSEN LOGISTICS HORSLEY PARK - ENTERPRISE AGREEMENT 2020 - 2022

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 APRIL 2020

Application for approval of the Yusen Logistics Horsley Park - Enterprise Agreement 2020 - 2022.

[1] An application has been made for approval of an enterprise agreement to be known as the Yusen Logistics Horsley Park - Enterprise Agreement 2020 - 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Yusen Logistics (Australia) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 30 March 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services & Wholesale Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Yusen Logistics (Australia) Pty Ltd recently appeared before the Fair Work Commission in an application for approval of the Yusen Logistics Horsley Park – Enterprise Agreement 2020-2022. The application was brought by the employer, Yusen Logistics (Australia) Pty Ltd, seeking approval of the proposed enterprise agreement for its employees at the Horsley Park facility. The Commission was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the "better off overall test."

The primary legal issues before the Commission involved assessing the proposed agreement against the statutory criteria set out in the Fair Work Act. This included determining if the agreement provided for a fair and efficient workplace, whether it complied with the "no disadvantage test" and "better off overall test," and if it met the procedural requirements of the Act, including the provision of relevant information to employees and their representatives. The Commission also had to consider if the agreement contained all the necessary minimum terms and conditions as required by the Act.

In its decision, the Commission found that the proposed enterprise agreement met all the statutory criteria. The Commission determined that the agreement was fair and efficient, did not disadvantage employees, and met the "better off overall test" as it provided for improved wages and conditions. The Commission was satisfied that the employer had provided all necessary information to employees and their representatives and that the agreement included all required minimum terms and conditions. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Yusen Logistics Horsley Park – Enterprise Agreement 2020-2022, finding it compliant with the Fair Work Act and meeting all necessary criteria, including the "better off overall test." The Commission's decision ensures that the agreement will provide for fair and efficient workplace conditions and improved wages and conditions for employees at the Horsley Park facility.

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