DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A. B. Oxford Cold Storage Co. No 2 Pty. Ltd
(AG2019/23)

A.B. OXFORD COLD STORAGE CO. NO. 2 PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2019-2021

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MARCH 2019

Application for approval of the A.B. Oxford Cold Storage Co. No. 2 Pty Ltd & National Union of Workers Enterprise Agreement 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the A.B Oxford Cold Storage Co. No. 2 Pty Ltd & National Union of Workers Enterprise Agreement 2019 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A. B. Oxford Cold Storage Co. No 2 Pty. Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, the case involving A. B. Oxford Cold Storage Co. No. 2 Pty Ltd was presented. The dispute at hand concerns the approval of the A.B. Oxford Cold Storage Co. No. 2 Pty Ltd & National Union of Workers Enterprise Agreement 2019-2021. The application for approval was brought forward by the employer, A. B. Oxford Cold Storage Co. No. 2 Pty Ltd, and the relevant union, the National Union of Workers. The crux of the matter involves whether the proposed enterprise agreement aligns with the legal standards and requirements for such agreements under Australian industrial relations law.

The primary legal issues the court needed to address included whether the agreement was made in good faith, whether it included all necessary provisions, and whether it complied with the provisions of the Fair Work Act 2009. The court also examined whether the agreement met the criteria for being a "simple, fair, and flexible" agreement, as mandated by the Fair Work Act. Additionally, the court considered if the agreement provided for the proper representation of employees' interests and whether it adhered to the general protections outlined in the Act.

In reaching its decision, the court meticulously reviewed the terms of the proposed agreement, the negotiation process, and the evidence presented regarding the fairness and flexibility of the agreement. The court found that the agreement was indeed made in good faith and contained all necessary provisions. It was also deemed to be simple, fair, and flexible, meeting all the statutory requirements. The court concluded that the agreement appropriately balanced the interests of both the employer and the employees, thus granting the application for approval.

The final orders of the court were that the A.B. Oxford Cold Storage Co. No. 2 Pty Ltd & National Union of Workers Enterprise Agreement 2019-2021 be approved and registered under the Fair Work Act 2009. This decision ensures that the agreement is legally binding and enforceable, providing a clear framework for the relationship between the employer and the union for the specified period.

A. B. Oxford Cold Storage Co. No 2 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