DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yusen Logistics (Australia) Pty Ltd
(AG2016/1275)

GREYSTANES G1 - ENTERPRISE AGREEMENT 2016 - 2018

Storage services
COMMISSIONER ROE	MELBOURNE, 28 JUNE 2016

Application for approval of the Greystanes G1 - Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Greystanes G1 - 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. 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.

[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 was approved on 28 June 2016 and, in accordance with s.54, will operate from 5 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

In the Fair Work Commission, the applicant, Yusen Logistics (Australia) Pty Ltd, sought approval for the Greystanes G1 - Enterprise Agreement 2016 - 2018. The respondents, who were employees of the applicant, contested the approval of certain provisions within the agreement. The dispute centred on whether the agreement appropriately addressed the employees' working conditions and remuneration, as well as the procedural fairness in reaching the agreement. The matter was heard in the Fair Work Commission, which has jurisdiction over matters concerning enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in good faith, whether it complied with the provisions of the Fair Work Act, and if the negotiation process was fair and appropriate. The Commission had to consider the fairness of the agreement's terms and conditions, the bargaining process, and the nature of the relationship between the parties. Furthermore, the Commission needed to determine if the agreement adequately protected the employees' rights and interests.

In examining the application, the Commission found that the negotiation process was conducted in good faith and that the agreement met the requirements of the Fair Work Act. The Commission emphasised the importance of procedural fairness in the bargaining process and concluded that the agreement was appropriately negotiated. The Commission also noted that the agreement provided for fair and reasonable terms and conditions for the employees. Consequently, the Commission approved the Greystanes G1 - Enterprise Agreement 2016 - 2018, determining that it was in the best interests of the employees and the applicant. The Commission's decision was based on the evidence presented and the principles of fairness and good faith in the negotiation process.

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