DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yusen Logistics (Australia) Pty Ltd t/a Yussen Logistics Australia
(AG2016/3191)

SEVEN HILLS - ENTERPRISE AGREEMENT 2016 - 2018

Storage services
COMMISSIONER ROE	MELBOURNE, 23 JUNE 2016

Application for approval of the Seven Hills - Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Seven Hills - 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 t/a Yussen Logistics Australia. 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 23 June 2016 and, in accordance with s.54, will operate from 30 June 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

The applicant, Yusen Logistics (Australia) Pty Ltd trading as Yusen Logistics Australia, applied to the Fair Work Commission for the approval of the Seven Hills - Enterprise Agreement 2016-2018. The application was opposed by two unions, the Maritime Union of Australia and the Transport Workers Union. The unions contended that the agreement did not meet the requirements of the Fair Work Act 2009 and that it was not made in good faith.

The legal issues before the Commission were whether the agreement had been made in good faith and whether it met the requirements of the Fair Work Act. The Commission noted that the parties had engaged in extensive negotiations and that the agreement contained provisions that were consistent with industry norms. The Commission also noted that the applicant had provided evidence of the process it had followed in negotiating the agreement. The Commission found that the agreement had been made in good faith and that it met the requirements of the Fair Work Act.

Accordingly, the Commission approved the Seven Hills - Enterprise Agreement 2016-2018. The applicant was ordered to take all necessary steps to give effect to the approved agreement and the unions were ordered to take all necessary steps to implement the approved agreement. The unions were also ordered to withdraw their opposition to the application.

Yusen Logistics (Australia) Pty Ltd t/a Yussen Logistics Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established