DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yusen Logistics (Australia) Pty Ltd
(AG2016/3373)

WETHERILL PARK 1 AND 2 - ENTERPRISE AGREEMENT 2016-2018

Storage services
COMMISSIONER LEE	MELBOURNE, 6 JULY 2016

Application for approval of the Wetherill Park 1 and 2 - Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Wetherill Park 1 and 2 - Enterprise Agreement 2016-2018 (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] The Applicant 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.

[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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Yusen Logistics (Australia) Pty Ltd sought the approval of the Wetherill Park 1 and 2 - Enterprise Agreement 2016-2018, which was to apply to employees engaged under the National Transport (General) Award 2005. The application was made before the Fair Work Commission (FWC) under section 231 of the Fair Work Act 2009. The applicants were represented by counsel, while the respondents were not directly represented, but their interests were considered through the submissions made.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of section 230 of the Act. This section mandates that to be approved, an enterprise agreement must include a term specifying the period for which the agreement is intended to apply, and must otherwise comply with the provisions of the Act, including the Good Faith Bargaining (GFB) provisions. The Commission needed to determine whether the agreement was made in good faith, considering the GFB obligations and the process followed by the parties.

In assessing the application, the Commission examined the process by which the agreement was negotiated and whether the applicants fulfilled their GFB obligations. The Commission found that while the applicants had engaged in negotiations with the respondents, there were instances where the applicants failed to provide necessary information to the respondents in a timely manner. Despite these shortcomings, the Commission concluded that the applicants had generally complied with the GFB provisions. The Commission also considered the terms of the agreement and found them to be fair and reasonable, taking into account the nature of the industry and the interests of the parties.

The Commission approved the application, allowing the Wetherill Park 1 and 2 - Enterprise Agreement 2016-2018 to proceed. The decision was made on the basis that while there were procedural issues in the negotiation process, these did not significantly detract from the overall fairness of the agreement. The Commission's decision was guided by the need to balance the procedural requirements of the Act with the practicalities of industrial relations. The agreement was thus approved, effective from the date of the Commission's decision.

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