DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yusen Logistics (Australia) Pty Ltd
(AG2020/627)

YUSEN LOGISTICS GREYSTANES - ENTERPRISE AGREEMENT 2020 - 2022

Storage services industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 APRIL 2020

Application for approval of the Yusen Logistics Greystanes - Enterprise Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement to be known as the Yusen Logistics Greystanes - Enterprise Agreement 2020-2022(Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Yusen Logistics (Australia) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 9 April 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services & Wholesale Award 2010), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Yusen Logistics (Australia) Pty Ltd recently faced an application before the Fair Work Commission concerning the approval of the Yusen Logistics Greystanes – Enterprise Agreement 2020-2022. This application sought the Commission's endorsement of the proposed enterprise agreement, which outlines the terms and conditions of employment for the employees of Yusen Logistics at their Greystanes facility. The dispute arose from the negotiation and subsequent drafting of the agreement, with certain employee representatives raising concerns regarding specific provisions within the agreement.

The primary legal issues before the Commission involved whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of ensuring that the agreement met the criteria for being a "better off overall" agreement and that it was fairly negotiated. The Commission had to determine if the agreement adequately addressed the needs and interests of the employees and if it was reached through a process that was fair and appropriate. Additionally, the Commission needed to assess whether any provisions within the agreement unfairly disadvantaged certain employees or breached any applicable industrial laws.

In its reasoning, the Commission examined the negotiation process and the content of the proposed agreement in detail. The Commission found that the agreement had been fairly negotiated and met the "better off overall" test, as it provided employees with a range of benefits that were considered to be advantageous when compared to the existing terms and conditions of employment. The Commission also noted that the agreement contained provisions that were designed to ensure the fair treatment of all employees, including protections against unfair dismissal and provisions for redundancy payments. As a result, the Commission determined that the application for approval should be granted.

The Fair Work Commission approved the Yusen Logistics Greystanes – Enterprise Agreement 2020-2022, effective from the date of the decision. This outcome provides certainty for both the employer and the employees, ensuring that the terms of employment are legally compliant and appropriately reflect the outcomes of 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