Industrial Relations Commission Approves Contract Agreement

The Industrial Relations Commission approved a contract agreement between an employer and union, ensuring compliance with statutory requirements and no net detriment to workers. The agreement was made in accordance with the Industrial Relations Act 1996 and the Anti-Discrimination Act 1977.

OUTCOME: Allowed

Industrial Relations Commission New South Wales Medium Neutral Citation: Team Global Express NSW Courier Contract Agreement 2023 [2024] NSWIRComm 1010 Hearing dates: Determined on the papers Date of orders: 26 February 2024 Decision date: 26 February 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The Team Global Express NSW Courier Contract Agreement 2023 is approved in accordance with s 325 of the Industrial Relations Act 1996 Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards and enterprise agreements – application for approval of contract agreement Legislation Cited: Anti-Discrimination Act 1977 Industrial Relations Act 1996 ss 33, 324, 325 Industrial Relations Commission Rules 2022 r 6.9 Cases Cited: Review of the Principles for Approval of Enterprise Agreements 2021/2022 [2022] NSWIRComm 1005 Texts Cited: Nil Category: Principal judgment Parties: [NAME] of New South Wales (Applicant) [APPELLANT] (Respondent) Representation: [APPELLANT], [NAME] (Applicant) [APPELLANT] (Respondent) File Number(s): 2024/00067581 Publication restriction: No

DECISION 1. The [NAME] of New South Wales ("[NAME]") has applied for approval of a contract agreement to be known as the Team Global Express NSW Courier Contract Agreement 2023 ("Agreement"). The application is brought pursuant to s 324 of the Industrial Relations Act 1996 ("Act").

2. The Agreement includes: 1. a description of the parties to the Agreement, being [COMPANY] ("[COMPANY]"), the [NAME] and "contract carriers engaged by [[COMPANY]] who fall within the jurisdiction of the Transport Industry – Courier and Taxi Truck Contract Determination": cl 3; 2. a statement that the Transport Industry – Courier and Taxi Truck Contract Determination and the Transport Industry – Courier and Taxi Truck Superannuation Contract Determination ("Contract Determinations") are incorporated into the Agreement, subject to the terms of the Agreement: cl 5.1; 3. a statement that, subject to certain exclusions, the [NAME] 2022 "shall apply": cl 5.2; 4. a nominal term commencing on 1 July 2023 and expiring on 30 June 2026, with the Agreement to come into force on the date it is approved by the Commission: cl 8; 5. a disputes settlement procedure: cl 10; and 6. an anti-discrimination clause: cl 12.

1. On its terms, the Agreement was made by [COMPANY] and the [NAME] on 8 December 2023. It bears signatures on behalf of each party.

2. The [NAME]'s application is supported by an affidavit of [NAME], the [NAME]'s Chief Legal Officer, affirmed on 12 February 2024. In his affidavit, Mr [NAME] deposes as follows: 1. the Agreement, if approved, will prevail over the Contract Determinations. However, the terms and conditions contained in the Agreement are in addition to those provided for in the Contract Determinations; 2. the Agreement was negotiated between [NAME] and the [NAME]; 3. the Agreement will replace the [NAME] 2006; 4. the Agreement does not provide a net detriment, on balance, to the contract carriers to whom it applies; 5. the Agreement complies with relevant statutory requirements, including the Anti-Discrimination Act 1977; 6. the parties did not enter into the Agreement under duress and signed of their own will after negotiation of the Agreement; 7. the parties understand the contents and effect of the Agreement; and 8. the Agreement complies with the principles set by the Commission under s 33 of the Act.

1. The [NAME]'s application is accompanied by the necessary Statement of Particulars.

2. The Agreement applies to contract carriers engaged by [COMPANY] who fall under the Transport Industry – Courier and Taxi Truck Contract Determination. Given that the [NAME] 2022 will also apply, it is possible to infer that the Agreement does not apply to all contract carriers engaged by [COMPANY]. However, there is nothing on the evidence that would preclude approval of the Agreement on the grounds set out in s 325(2) of the Act.

3. The evidence led by the [NAME] does not in terms "compare the conditions of employment or engagement under the agreement with the comparative conditions of employment", as required by r 6.9(2)(b) of the Industrial Relations Commission Rules 2022. However, I note Mr [NAME] evidence that the terms of the Agreement "are in addition to" those in the Contract Determinations.

4. Overall, I am satisfied on the material presented to the Commission that the Agreement complies with all necessary statutory tests and the principles set by the Commission pursuant to s 33 of the Act in Review of the Principles for Approval of Enterprise Agreements 2021/2022 [2022] NSWIRComm 1005.

Order 1. The Team Global Express NSW Courier Contract Agreement 2023 is approved in accordance with s 325 of the Industrial Relations Act 1996. [NAME] Commissioner

********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 26 February 2024