Application for approval of the Maersk Logistics & Services Australia Pty Ltd Maersk Contract Logistics Warehouse & United Workers Union Enterprise Agreement 2025

[1] This decision concerns an application for approval of the Maersk Logistics & Services Australia Pty Ltd Maersk Contract Logistics Warehouse & United Workers Union Enterprise Agreement 2025 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by Maersk Logistics & Services Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.

[3] If the agreement is not a greenfields agreement, section 186(2)(a) of the FW Act requires the Fair Work Commission to be satisfied that the agreement has been genuinely agreed to by the employees covered by the agreement. The Agreement is not a greenfields agreement. The question of whether an enterprise agreement has been genuinely agreed to by the employees is determined by reference to section 188 of the FW Act. Section 188(4)(a) of the FW Act provides that the Fair Work Commission cannot be satisfied as to genuine agreement unless the Fair Work Commission is satisfied that sections 173 and 174 of the FW Act have been complied with. In considering the application, I raised a concern with the Applicant and the United Workers' Union (UWU), which was a bargaining representative for the Agreement, concerning compliance with sections 173(3) of the FW Act. The concern being the Notice of Employee Representational Rights (NERR) was given more than 14 days after notification time. In response to this concern, the Applicant accepted that the NERR was given more than 14 days after notification time. I sought the views of the Applicant, and the UWU, as to whether such error could be disregarded in accordance with section 188(5) of the FW Act. The Applicant submitted that the error could be disregarded in accordance with section 188(5) of the FW Act. The UWU did not express a view. I am satisfied that the error is a minor error that can be disregarded in accordance with section 188(5) of the FW Act. I am satisfied that the employees were not likely to have been disadvantaged by that error.

[4] Section 186(2)(d) of the FW Act requires the Fair Work Commission to be satisfied that the Agreement passes the better off overall test (BOOT). The assessment as to whether the Agreement passes the BOOT is applied in accordance with section 193A of the FW Act. In considering the application, I raised a concern with the Applicant, and the UWU, concerning the payment of a penalty for an Early Morning Shift as defined in clause 8 of the Agreement. In response to this concern, the Applicant proposed an undertaking to address this concern. I accept the undertaking. In doing so, I note that the UWU was given an opportunity to express their views about the undertaking. The UWU did not express a view about the undertaking. I am also satisfied that that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. A copy of the undertaking is attached at Annexure A of this decision.

[5] Based on the material provided by the Applicant, each of the other requirements of the FW Act that are relevant to this Agreement are satisfied.

[6] Section 201 of the FW Act requires the approval decision to note certain matters. The first such matter is that the United Workers' Union, which was a bargaining representative for the Agreement, has given the Fair Work Commission a notice under section 183(1) of the FW Act that it wants the Agreement to cover it. In accordance with section 201(2) of the FW Act, I note that the Agreement covers the United Workers' Union. The second such matter that is relevant to this application is section 201(3) of the FW Act. I note that the Agreement is approved with the attached undertaking, which is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 17 February 2026. The nominal expiry date of the Agreement is 30 June 2027.

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