Kerry Logistics blasted over workplace agreement

FWA rejects Kerry Logistics' workplace agreement after it falsely claims TWU supported it

By Brad Gardner | May 20, 2010

Global operator Kerry Logistics has been accused of misrepresenting the Transport Workers Union (TWU) after falsely claiming it supported the company’s enterprise agreement.

Fair Work Australia Deputy President Marilyn Bartel rejected the operator’s agreement, which cited a ‘Mr E’ as a TWU member and truck driver who represented employees and approved the agreement’s provisions.

Bartel requested evidence of the representative’s authority to act on behalf of the union, but Kerry Logistics conceded "reference to the TWU is incorrect as he was not acting on behalf of the union".

"This matter goes to the genuineness of the agreement and in particular the process of negotiation and representation of employees," Bartel says in a scathing assessment of Kerry Logistics’ actions.

"The scope of the agreement is fundamental to its operation and apart from misrepresenting the role of the TWU to current and future employees and the broader public, it is potentially prejudicial to the interests of the TWU."

Bartel also ruled that the agreement was defective because provisions that were less than the national employment standards were not identified.

"It would be inappropriate for Fair Work Australia to sanction the agreement in these circumstances," she says.

"The employer should consider carefully the content of the form it provides to the tribunal in future."

Predominantly operating in China and Asia, Kerry Logistics’ network also spans Australia, Europe and North America.

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