DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yusen Logistics (Australia) Pty Ltd
(AG2015/5406)

B2 - ENTERPRISE AGREEMENT 2015-2019

Storage services
COMMISSIONER ROE	MELBOURNE, 14 SEPTEMBER 2015

Application for approval of the B2 - Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the B2- 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 case of Yusen Logistics (Australia) Pty Ltd, the applicant sought approval of the B2 - Enterprise Agreement 2015-2019. The application was lodged with the Fair Work Commission, which was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement provided for the appropriate balance of fairness and flexibility in the terms of employment for the workers covered by the agreement.

The Commission considered whether the agreement contained all the prescribed minimum terms and conditions, whether it was made in good faith, and whether it complied with the procedural requirements of the Act. The Commission also examined whether the agreement provided for an appropriate balance of rights and obligations between the employer and the employees, and whether it was likely to promote workplace harmony and productivity. The Commission found that the agreement met all the requirements for approval and was likely to achieve the objectives of the Act.

In reaching its decision, the Commission gave weight to the fact that the agreement had been negotiated in good faith and contained all the prescribed minimum terms and conditions. The Commission also noted that the agreement provided for a fair and reasonable balance of rights and obligations between the parties and was likely to promote workplace harmony and productivity. The Commission was satisfied that the agreement was in the best interests of the employees and would not have an adverse effect on the economy or industrial relations more generally. The Commission approved the agreement and made the necessary orders to give effect to its 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