DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yusen Logistics (Australia) Pty Ltd
(AG2019/4411)

YUSEN LOGISTICS SEVEN HILLS - ENTERPRISE AGREEMENT 2019 - 2021

Storage services
COMMISSIONER JOHNS	SYDNEY, 3 DECEMBER 2019

Application for approval of the Yusen Logistics Seven Hills - Enterprise Agreement 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Yusen Logistics Seven Hills - Enterprise Agreement 2019 - 2021 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of 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 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application for the approval of the Yusen Logistics Seven Hills - Enterprise Agreement 2019 - 2021. The application was brought by the employer, Yusen Logistics (Australia) Pty Ltd, seeking the Fair Work Commission's (FWC) approval of the proposed agreement. The FWC was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009 (Cth).

The central legal issues for the FWC to consider were whether the agreement provided for fair and reasonable terms for employees, was free from any form of coercion or undue influence, and whether it had been made in good faith. The employer argued that the agreement was fair, reasonable, and made without coercion or undue influence, while no employee representatives contested the agreement.

In making its decision, the FWC considered the nature of the proposed agreement and the process through which it was formed. The Commission noted that the agreement had been negotiated in good faith and that no evidence of coercion or undue influence was presented. The FWC also examined the fairness and reasonableness of the terms contained in the agreement. Ultimately, the FWC was satisfied that the agreement met the necessary criteria for approval. The FWC approved the agreement, and it will now apply to the employees covered by it.

The final orders of the FWC were that the Yusen Logistics Seven Hills - Enterprise Agreement 2019 - 2021 be approved as a registered agreement under section 176 of the Fair Work Act 2009 (Cth). The agreement is now binding on the parties and will govern the employment conditions of the employees covered by it for the duration of the agreement.

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