DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yusen Logistics (Australia) Pty Ltd
(AG2015/5377)

B1 - ENTERPRISE AGREEMENT 2015-2019

Storage services
COMMISSIONER ROE	MELBOURNE, 14 SEPTEMBER 2015

Application for approval of the B1- Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the B1- Enterprise Agreement 2015-2019 (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 14 September 2015 and, in accordance with s.54, will operate from 21 September 2015. The nominal expiry date of the Agreement is
14 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the recent case of Yusen Logistics (Australia) Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement. The parties involved in the dispute were Yusen Logistics (Australia) Pty Ltd, as the employer, and various employees represented by the Maritime Union of Australia. The nature of the dispute centred around the application for the approval of the B1- Enterprise Agreement 2015-2019. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the agreement had been made in good faith and whether it contained terms and conditions that were fair and reasonable. The Commission had to scrutinise the negotiation process, ensuring that the agreement was not the result of any form of coercion or undue influence. Additionally, the Commission examined the substantive terms of the agreement, including wages, hours of work, and other conditions of employment, to assess their fairness and reasonableness.

The Commission concluded that the agreement had been made in good faith, with a transparent negotiation process that involved meaningful consultation between the parties. The terms and conditions of the agreement were found to be fair and reasonable, providing a balance of interests between the employer and the employees. The Commission highlighted the agreement's provisions on wages, which included a structured pay progression system, and the provisions on work hours, which ensured adequate rest periods and overtime entitlements. These findings led to the approval of the enterprise agreement, ensuring that it would provide a stable and fair framework for employment within Yusen Logistics (Australia) Pty Ltd for the specified period.

The final orders of the Commission included the approval of the B1- Enterprise Agreement 2015-2019, with the agreement to commence on the date of the Commission's decision. The approved agreement would govern the employment terms and conditions for the specified period, providing a clear and legally binding framework for the employer and employees. This decision ensures that the parties can move forward with confidence, knowing that their employment terms are fairly negotiated and legally recognised.

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